First, the Article analyzes in more detail the changes in the workplace that have led to various proposals for reform. Then the Article looks at the potential for mediation of claims that do not arise out of the collective bargaining agreement, analyzing the possible benefits from the point of view of employers, employees and unions. Next, some of the issues and obstacles to mediation are reviewed. Ultimately the Article concludes that the benefits of mediation outweigh the disadvantages and that in most collective bargaining relationships the obstacles should not prevent either negotiation of such provisions or their successful use for at least some cases.
Ann C. Hodges, Mediation and the Transformation of American Labor Unions, 69 Mo. L. Rev. 365 (2004).