ABSTRACT

Ultimately, collective bargaining involves people at the table and their constituent advisors, who, together, choose what the nature of the dialogue will be in negotiations and whether settlements will be achieved. Some parties want to walk away or to drag out the talks for reasons that are personal or political. They do not want a deal, or at least they do not want a deal quickly. In other cases, the desired outcome of bargaining—attaining a workable solution that maintains the relationship—gets displaced as the parties get entangled in the processes or become bogged down in personality conflicts. Process issues and party conduct can become so contentious that mediators or other third parties have to remind everyone that the goal is a contract settlement, not landing punches on the other side.