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01-04-2013, 10:41 PM
Join Date: Sep 2011
Originally Posted by
I has a question as someone that doesn't understand any amount of legal stuff.
Why can't both sides submit their best offer and then the mediators makes a CBA from those offers. Wouldn't that be fair to both sides and quick?
If I remember my law classes correctly (and it's possible I don't) mediators simply help facilitate an agreement between two parties and have no legally binding say in the matter. What you're referring to is final offer arbitration, which game theory suggests leads to both parties submitting a bid very close to their max. In arbitration the arbitrator picks which they think is the fairest deal, therefore neither side will low-ball because the arbitrator will obviously choose the other parties solution, which is guaranteed not to be in their best interest. So yes, that SHOULD be what happens, but both sides would have to first agree to going to arbitration, and we all know how well they can agree on these things...
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