Technology use in Dispute Resolution Presenter: Kevin Buffington Commissioner and Field Technology Administrator Federal Mediation & Conciliation Service, U.S. Government 1

What is FMCS? The Federal Mediation & Conciliation Service is one of the leading organizations in the United States devoted exclusively to the practice, study and improvement of dispute resolution and conflict management. It is an independent agency of the federal government that answers directly to the Executive Branch, and receives its funding from the U.S. Congress. The primary scope of the FMCS purview is within the American industrial relations system, and the chief focus of its dispute resolution activities is employer-union conflict – labor disputes. Labor disputes can escalate into vastly damaging and costly strikes and lockouts, often with an accompanying possibility of long-term destruction of vital collective bargaining relationships, physical plant and even violence. Manually advance slide 2

What is FMCS? The U.S. government has long realized a need to provide impartial conflict resolution professionals to help parties resolve difficult collective bargaining disputes (and other labor disputes), and in fact has been doing so in one form or another since the early 1920s. The Federal Mediation & Conciliation Service was born out of Congressional adjustments to American labor laws in 1947 in the form of the Taft-Hartley Act. Since its founding, FMCS has provided impartial federal mediators to help parties resolve labor-management conflict across the country via a system of smaller field offices, currently 67 in number. In the continental United States, no federal mediator is ever more than a few hours’ drive or flight from any contentious labor dispute. Manually advance slide 3

What is FMCS? Federal mediators are carefully trained in a variety of mediation and facilitation styles and techniques, as well as best conflict resolution praxis, and they are expected to bring this knowledge, skill and experience to bear in order to help parties resolve their conflict. Manually advance slide 4

How do Federal Mediators get involved in disputes? For the most part, federal mediators get involved in disputes in the same way as any other mediator – the parties request their assistance! Apart from a few legal differences that are not germane to our discussion today, federal mediation of labor disputes often looks like a typical mediation – federal mediators use joint sessions, private caucuses, raise doubts, lower expectations, probe for middle ground, and ultimately try and design a process to help move the parties toward each other. There are a few key differences: First and foremost, mediating labor disputes is probably more similar to some types of complex, multi-issue negotiations between governments from different countries than to small-claims, divorce, business issue, or other domestic mediation. “Size and shape of the table” issues abound, and normally these must be resolved through the mediation process before the parties will even agree to sit down together. Additionally, in a labor dispute, often the parties won’t ever agree to sit in the same room – the mediator must practice his or her best “shuttle” diplomacy. 5

How do Federal Mediators get involved in disputes? A second key difference between federal mediation and other varietals is the overarching structure of the nation’s industrial relations system. Employers and their unions who are about to engage in collective bargaining must notify FMCS via simple submission of a one-page official document (an “F-7 Notice to Mediation Agencies”). These notices are collected and stored at FMCS headquarters in Washington, DC, and then distributed to the appropriate field mediator. Through this notification system, the federal mediator in the field has some idea of when parties may need mediation well in advance of the conflict, and he or she can stay in close touch with both parties to monitor the progress of the negotiations. Manually advance slide 6

How do Federal Mediators get involved in disputes? Otherwise, all the usual mediation principles such as voluntary participation, self-determination for the parties, confidentiality, active listening and carefully considered process choices apply. The main job of federal mediators is to develop relationships with major employers and large labor unions in the region surrounding their field stations. Once those relationships are built and nurtured, the parties tend to call their local federal mediator with some frequency for all types of labor disputes – collective bargaining, grievance, impact bargaining, conflict resolution systems design, relationship management, etc. Manually advance slide 7

When do Federal Mediators apply technology tools to help parties resolve conflict? Actually, not that often! With all the wonderful technology options and online dispute resolution tools currently available, and the constant level of contentious disputes federal mediators encounter, you’d think federal mediators are natural users of these technologies. In practice, that is not the case – though it should certainly be noted that FMCS has developed several important technology-based conflict resolution tools, and the agency has spared no expense or resource to train many federal mediators and other appropriate personnel in their use. 8

Why are federal mediators not natural and constant users of dispute resolution technology tools in their work? The answer is straightforward: because the parties are not ready for it. In the vast majority of labor conflict that federal mediators address, the parties prefer to deal directly with other parties, the people prefer to engage directly with other people (even in a “shuttle” diplomacy-type mediation situation), and most everyone abhors the idea of adding an additional layer (in this case, of a technology tool) that may prevent or diminish personal contact during the negotiation and mediation processes. When do Federal Mediators apply technology tools to help parties resolve conflict? Manually advance slide 9

Why is the personal contact so important? In most labor disputes, the parties have strongly held perceptions that direct engagement (even through and with a mediator) reveals additional information about the nature of the dispute, the other party’s positions, the other party’s interests, and the potential for gain (individual, mutual or otherwise) through careful reading of non-verbal cues and the various meanings that may underpin certain process choices. When do Federal Mediators apply technology tools to help parties resolve conflict? Manually advance slide 10

FMCS has been using technology in DR for 10 years. The primary Dispute Resolution technology tools used by the agency are grouped in TAGS (Technology Assisted Group Solutions) TAGS utilizes a number of software products that are applied depending upon the needs of the group. These might include Facilitate.com, eRoom, Go-To-Meeting, Web-Ex and Video Conferencing. 11

TAGS Powerful Network Participants and FMCS Mediator choose an option or combination that best suits their needs! Meet at an FMCS electronic conference facility. Have FMCS supplied laptops shipped to a remote meeting site. Use a PC or mobile device to participate online in one of our virtual conference rooms. 12

Tech Determining Factors Who is in the utilization group? collective bargaining committee a labor management committee? What will be the communication process? Does a chief spokesperson do all the talking or may all participants interact? Face to face, online or a combination? Synchronous or asynchronous? Are designated recorders to be used? How can technology best be used to enhance the participants effectiveness? 13

Operating applications Face to Face Meetings Remote Meetings via the Internet 14

T.A.G.S. System Group Meetings Negotiations L/M Committees Strategic Planning Surveys 15

Technology Assisted Group Solutions TAGS Face to Face Meetings Combined Activities (FTF meeting using Internet. May include remote participants May use video-conferencing May be synchronous or asynchronous) Internet Activities FMCS ECC (Electronic Conference Center) Uses Mobile Server and/or Internet Server Any Other Location Uses Mobile Server and/or Internet Server Online Meetings Online Surveys Online Mediation Online Facilitation Labor-Management Committees Traditional or Interest-Based Negotiations 16

Online Technology Benefits Comfort - join a meeting remotely from home or office! Save airfare Save mileage Save lodging Save travel time Save money 17

Software Benefits Technology processes allow for more effective discussions of issues and more creative solutions. Increased effectiveness relates to reduced meeting time and other costs. 18

Today we will touch on four of our online tools Go-To-Meeting Video Conferencing eRooms Facilitate.com 19

1. Go-To-Meeting Remote presentations Training Negotiations Remote document sharing Controlled facilitation Trouble shooting 20

2. Video Conferencing Features FMCS National Office setup coordination Multiple site video /audio interaction Document sharing No equipment setup No formal training necessary Side bar telephone lines 21

2. Video Conferencing Day session duration up to 8 hours if not crossing time zones. Lead time - usually 2 week minimum. Late site additions if critical. Minimal cost for video conferencing ($33.00 per hour/per site & is subject to change). Minimal cost for side bar telephone conference call ($10 per line per side and is subject to change). Manually advance slide 22

3. eRoom software What - Virtual meeting room Where - Internet only Uses Negotiations Labor Management Committees Document sharing Collaboration activities Mediator’s remote office 23

3. eRoom software No formal training necessary Basic orientation provided by National Office No cost for parties presumes limited time and number of users. Take a look at the FMCS eRoom when connected to the Internet. Use the password Guest2002. 24

Screen Shots of our eRooms See next two slides 25

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2. Facilitate.com Software Some parties to certain labor disputes prefer to try an interest-based negotiation process, as opposed to a more traditional positional style of negotiation. One particular technology tool, Facilitate.com, lends itself to managing an interest-based negotiation process very well. Federal mediators across the country have had great success using Facilitate.com in such a manner. The other prevalent use of technology tools by federal mediators is to survey labor-management groups to probe for areas of possible agreement in an ongoing dispute, or in preparation for labor-management cooperation and joint relationship-building work. When parties agree to participate in some type of joint survey, however, it is not simply for information gathering. 28

2. Facilitate The process of working with their local federal mediator, developing the survey tool, testing it, refining it, and then administering it, usually fosters a better relationship. Such a wonderfully positive side-effect for this survey purpose through participation and utilization. Manually advance slide 29

2. Facilitate Electronic assistance with: surveys (e.g. pre-bargaining, training) flip-charting (e.g. IBB or LMC) brainstorming prioritizing data analysis and demographics 30

Facilitate We have used this software for 10 years. National Office assistance & remote training. Connectivity to our servers in Washington from any Internet connected computer or computer lab. Mobile computers and server may be shipped in for a meeting. Parties pay only for shipping. Manually advance slide 31

Facilitate Internet – thousands of users. On-site meetings: 8 to 400 people May be used with mobile server when Internet not available 32

Facilitating with technology isn’t the manual work it used to be! Flip-charting/ Brainstorming Categorizing Prioritizing Organizing Planning Constituent Communication 33

Screen Shots of our Facilitate.com software See next two slides 34

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Presentation End You may now try two of our software tools Facilitate.com software at https://tags.fmcs.gov User Name and Password: GUEST eRoom software at https://tagsroom.fmcs.gov/eRoom User Name and Password: UBalt2011 37