Which alternative dispute resolution process has been criticized for hindering the parties from negotiating an...

In HRPA’s Labour and Employee Relations coverage of dispute resolution, arbitration involves a neutral third party issuing a binding decision. A common critique is the “chilling effect,” where the availability of a third-party ruling can reduce the parties’ incentives to engage in genuine interest-based negotiation and reach their own settlement. Mediation and conciliation facilitate parties’ dialogue without imposing outcomes, and fact-finding supplies information rather than decisions.

Relevant HRPA references: Labour and Employee Relations—ADR processes, characteristics, and implications for bargaining dynamics.