SPECIAL MASTER MEDIATION IN IMPASSE RESOLUTION: THE FLORIDA EXPERIENCE

KARL O. MAGNUSEN AND RODNEY G. LIM


DOI: 10.2190/M85D-TYXR-4F6T-QMJR

Abstract

This article examines the extent and effectiveness of mediation use by special masters during impasse hearings to resolve collective bargaining disputes in Florida's public sector. The research is based on a questionnaire survey that produced a response rate of 85 percent (only 40 special masters are certified to practice in Florida). Results indicated special masters are most effective when they use mediation tactics designed to manage the dispute format, emphasize the costs of continued disagreement, and facilitate the exploration of possible solutions. The results also identified certain contingent mediation behaviors and suggested that the timing of mediation tactics across the early, middle, and late stages of a hearing is just as critical to successful dispute resolution as the specific tactics used. Implications for special master practice and for mediation in general are discussed.

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