The two sides reach an impasse, with the union demanding more expensiv

QUESTION

The two sides reach an impasse, with the union demanding more expensive safety measures than management feels are necessary. If the two sides opt for arbitration as the next step, which of the following should both sides take care to do?

A) Gain popular support for their position through carefully chosen media exposure.
B) Hide from the other side any information that weakens their position.
C) Stick to their positions as strongly as possible, hoping that the arbitrator will favor their side.
D) Do everything possible to draw out the arbitration process as long as possible.
E) Prepare to present the case for their solution as if they were about to argue the case before a judge and jury.

ANSWER

Answer: E
Explanation: E) The process of arbitration is based on the same process of hearing a case in the courtroom. So Choice E is correct: whether the arbitrator conducts the hearing like a judge or not, each side should come fully prepared both to present their point of view and to challenge the other side’s position. The other choices are, to a greater or lesser degree, counterproductive. Withholding information (Choice B) and employing delaying tactics (Choice D) are strategies that could be seen as violations of good faith. Trying to influence the arbitrator through popular opinion (Choice A) also is risky and potentially counterproductive, as is doing nothing and hoping for the best (Choice C).