Education Services

Negotiating Collective Bargaining Agreements or Employment Contracts: When and How to Use Mediation

Session ID: ED5221005O

Negotiating Collective Bargaining Agreements or Employment Contracts: When and How to Use Mediation


  • Start Date

    June 03, 2021 1:00 PM (EDT)
  • End Date

    June 03, 2021 3:45 PM
  • Duration

    2.75 hours
Register Now 
Registration Status: OPEN

Registration for this program closes on June 02, 2021 5:00 PM

Registration Fee
Price (USD)
General $50.00

Refund Policy

Refunds (less a $10 processing fee) are available if a written cancellation request is received no later than 10 business days before the start of the program. Substitution of attendees can be made at any time.



Faculty and Summary

Jason Marsili
Jason C.Marsili

Rosen, Marsili and Rapp, LLP
Los Angeles, CA

Frederick Miner
Frederick C.Miner

Littler Mendelson
Phoenix, AZ

Rocco Scanza
Rocco M.Scanza

Cornell University
Ithica, NY


Whether parties are attempting to negotiate a new collective bargaining agreement or, in non-union settings, they are working on drafting the terms of an employment contract, it is not unusual to reach impasse on one or more issues. Mediation has become the preferred alternative to assist parties in overcoming their disagreements. However, the question of when and how to introduce mediation to the negotiating process is frequently a challenge in itself.

Preparing and planning for negotiation should include:

• Deciding your strategies and style
• Preparing to address the other party’s adversarial approach to negotiation
• Internal negotiation team conflict
• External audiences and the pressures they apply
• Setting the negotiations’ agenda
• Transitioning to mediation when the parties reach impasse

Mediation can be used to address virtually any issue or problem that has arisen in the bargaining process, including:

• Moving from positional to integrative bargaining
• Assisting the parties to more realistically value the issue(s) in dispute
• Information sharing to develop fair processes for providing the parties with necessary information
• “Mediating” internal team conflict.
• Contemporary issues including how to balance diversity and inclusion goals with seniority and related provisions in the contract

Program participants will analyze a case study and the discussion will be led by an experienced faculty of negotiation and mediation experts.


This webinar will be held via ZOOM. A link will be sent to registrants prior to the webinar date.


As part of its long-standing, ongoing educational mission, the American Arbitration Association grants a limited number of scholarships that cover the cost of educational program registration. Scholarship eligibility is limited to students, government workers, retired professionals, arbitrators/mediators who are no longer active on the AAA roster, and others as may be determined by the AAA. To request a registration fee scholarship, please send an email to Include your current position and affiliation, and a brief description of the basis for your registration fee scholarship request. The American Arbitration Association reserves the right to grant or deny any request based on the information provided by the requesting individual and available space in the program.


If you are an AAA Panelist please note this program does not satisfy your annual Arbitrator Continuing Education requirement.



CLE Information:

The AAA has not applied for, and is not offering, CLE for this webinar.  If you require CLE credit for this program, or if you are a professional in a discipline other than the practice of law, you will be able to request a certificate following attendance.  You may be able to submit the program on your own for credit and we recommend that you confirm application requirements with the appropriate licensing body.


Please contact Maggie Lalowski at or 212-484-3283.