FMCS International Services
Over the past 25 years, FMCS has provided high-quality training and technical assistance to a wide range of foreign governments and international organizations. Please engage with the map below by clicking on a country, or exploring the region tabs, to learn more about how the Agency has worked alongside international partners to build capacity for fair and effective conflict management and labor dispute resolution systems around the world. For additional information about FMCS’s international services, please see our promotional brochure, email us, or visit our About Us page.
FMCS delivered a week of negotiation, conciliation, and mediation skills training to 65 labor officials from Kenya, Tanzania, and Uganda. This sub-regional workshop was part of an International Labor Organization program aimed at building capacity in collective bargaining and freedom of association rights, pursuant to the 1998 Declaration of the Fundamental Principles of Rights at Work. During the training, participants developed an Action Plan to further share and implement the skills they learned from the course – and a number of participants went on to assume leadership roles in their national ADR communities.
FMCS designed and delivered a one-week training for Ghanaian mediators and arbitrators in the National Labor Commission. Topics included negotiation, dispute settlement mechanisms, mediation, and real-world examples of settlements.
FMCS developed a training program designed to improve labor-management cooperation in the Basotho textile industry. This project supported the mission of Better Work, a partnership between the International Labor Organization and the International Finance Corporation. FMCS organized an interview-based assessment of needs to inform the program design, followed by a series of trainings on interest-based problem solving and the rights and responsibilities of labor and management representatives in collective bargaining. In a follow-up workshop, FMCS also led a training on mediation skills and techniques for labor inspectors.
FMCS collaborated with the U.S. Department of Labor to deliver a multi-phase capacity building program for the Mozambican Ministry of Labor. In Phase One, FMCS Commissioners trained business, labor, and government leaders in active listening, interest-based bargaining, and consensus decision-making. In Phase Two, FMCS provided an enterprise-level group of Mozambican business and labor leaders with a fundamental understanding of labor-management relations and their roles and responsibilities as stewards and supervisors. FMCS also trained mediators from the Ministry of Labor in interest-based problem solving. In Phase Three, FMCS worked with the Ministry of Labor and other stakeholders to develop sustainable programs for the Mozambican labor relations community, including a “train-the-trainer” course in labor relations techniques and a steering committee to launch a tripartite training team.
FMCS hosted a delegation of judges from Nigeria, including members of the Nigerian Supreme Court, in partnership with International Law Institute at Georgetown University. FMCS Commissioners trained the judges in ADR techniques and organized a series of field visits to various tribunals to observe court-annexed ADR programs.
Since 2023, through its University Collaboration program with the Rutgers University School of Labor-Management Relations (Rutgers SMLR), FMCS has been in discussions aimed at strengthening labor-management cooperation in K-12 education at the local level in the 9 provinces of South Africa. In March 2023, FMCS Commissioners met with a delegation of officials from the South African Education Labor Relations Council (ELRC) at the 13th annual Inter-District Conference on the Rutgers SMLR campus and shared information and experiences from FMCS’s extensive Relationship Development Training program. FMCS continues in discussions with the ELRC and Rutgers SMLR with a view to future training and capacity building opportunities.
FMCS has worked with APEC and its working groups on several projects, including a symposium on Best Practices in Labor-Management-Government Cooperation alongside the Bureau of International Labor Affairs at the U.S. Department of Labor. This event, held in Mexico City, brought together labor relations practitioners, government officials, and academics from throughout the Asia-Pacific region. It highlighted several key models of tripartite cooperation for possible use in APEC member economies and created a toolkit of best practices to serve as a guide for others who might be interested in launching similar labor-management initiatives. In another project, FMCS provided training in new techniques for the prevention and resolution of labor disputes and surveyed government conciliation institutions in the APEC region to provide an overview of effective practices.
FMCS led a training program for tripartite leaders in the Bangladeshi ready-made-garment industry to help them develop improved communications skills, better understand the dynamics of labor-management conflicts, and learn the systematic approach of interest-based negotiations to resolve such conflicts. This project was part of an International Labor Organization program aimed at building capacity in collective bargaining and freedom of association rights, pursuant to the 1998 Declaration of the Fundamental Principles of Rights at Work. In a follow-up project, FMCS prepared participants to facilitate their own successful learning exercises and sustain local capacity through “train-the-trainer” workshops
FMCS worked with the Burmese Ministry of Labor and Employment in 2016 to improve its dispute resolution system through training and “train-the-trainer” workshops for conciliation bodies, presentations about the American system of labor relations, and technical assistance support for the establishment of a legal education center to provide ongoing training in labor relations and dispute resolution best practices.
FMCS has worked with China on a number of projects, including a course in “Negotiations from an International Perspective” at Sun Yat Sen University in Zhuhai, China, in conjunction with Whittier Law School in Long Beach, California. In another project, former FMCS Director Peter J. Hurtgen traveled to Beijing to speak at the International Labor Law conference and increase awareness about the principles of collective bargaining and freedom of association as important prerequisites to social and economic growth. Former Acting Director Scot Beckenbaugh later signed a formal Letter of Understanding (LOU) with the Chinese Ministry of Labor and Social Security for future technical cooperation. Under the new LOU, FMCS led a “train-the-trainer” program for district- and city-level labor officials of the Qingdao Labor Bureau, Human Resources managers, and high-level enterprise leaders about the formation of labor-management committees (LMCs). In a follow-up visit, FMCS observed the LMCs to assess progress and provide further technical support. In 2012, under a subsequent LOU, former FMCS Director George Cohen traveled to China alongside a high-level FMCS delegation to provide a series of cross-comparison trainings in mediation skills and the U.S. system of labor relations at the Shanghai Arbitration Commission, the Ministry of Human Resources and Social Security headquarters in Beijing, and several Chinese universities.
In 2013, pursuant to an Inter-Agency Agreement (IAA) with the U.S. State Department’s Bureau of Democracy, Human Rights and Labor (DRL) entitled Building Mediation and Conflict Management Skills in Transitioning Economies, FMCS delivered to MOHRSS a comprehensive mediation training manual, fully translated into Mandarin, for use in sustaining and expanding skills in mediation and conflict management. Under the same IAA with DRL, in June-July 2014, 2 FMCS Commissioners delivered a training program on the resolution of collective labor relations disputes for approximately 95 mediators, arbitrators, MOHRSS officials, academics and representatives from the All-China Federation of Trade Unions. The trainings took place in the cities of Tianjin and Wuhan.
FMCS continues to hold cooperative exchanges with China, including multiple Chinese delegation visits to FMCS field offices to engage with FMCS services and observe best practices in U.S. labor dispute resolution.
FMCS has worked with the Republic of Korea on several projects, including a training for professors and conciliators from the Korea Labor Education Institute (KLEI) in Preventive Mediation (PM) techniques. Korean participants also “shadowed” FMCS Commissioners during PM programs in the Seattle area. In another project, FMCS represented the United States at the International Symposium on Labor-Management Cooperation in the Workplace, hosted by KLEI. FMCS and KLEI have also held exchanges about labor-management best practices in the United States, pursuant to a 2003 Memorandum of Understanding on collaborative activities.
In 2024, to commemorate the 70th anniversary of the founding of the Korea National Labor Relations Commission, the FMCS Deputy Director for Field Operations delivered a congratulatory message on-screen to a large group of dignitaries and current and former NLMC leaders and staff that had gathered to celebrate the occasion.
FMCS conducted a one-week consultation and training in dispute resolution techniques for newly-appointed labor officers and managers engaged in labor mediation. This project was led in coordination with the Bureau of International Labor Affairs at the U.S. Department of Labor and the U.S. Mission in Sri Lanka.
FMCS has delivered multiple trainings for Taiwanese unions, businesses, and public officials over the past two decades, in addition to dispute resolution and mediation training for third-party neutrals who resolve employment disputes. In 2018 and 2019, FMCS provided training for new Taiwanese mediators, as well as labor, management, and government representatives, at the invitation of the Taiwanese Council of Labor Affairs. This partnership was part of the “Agreement for a Cooperative Program in Labor Mediation” between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan. From 2021-2023, FMCS engaged in a series of dialogues with the Taiwanese Ministry of Labor focused on current issues in labor relations in both the U.S. and Taiwan, and ways that neutrals in each government have developed to address their respective challenges. In both 2022 and 2023, FMCS sent delegations on study tours to Taiwan to learn about and compare innovations in the delivery of 3rd-party neutral services in collective bargaining and individual workplace mediation.
FMCS partnered with the Center for Intercultural Education and Development at Georgetown University to train Tajik diplomats in techniques for successful negotiation, problem-solving, and decision-making in conflict situations. This training was held as part of a program sponsored by the U.S. Department of State.
FMCS assessed the Guatemalan labor relations system and its conflict management needs in a 2019 project, alongside local stakeholders and the Bureau of International Affairs at the U.S. Department of Labor. FMCS conducted interviews with members of the Guatemalan Ministry of Labor and the Sub-Commission on Conflict Resolution of the Tripartite Commission on Labor Relations in Guatemala, designed a comprehensive program that met their needs, and delivered two, one-week, in-person trainings to labor-management officials in labor dispute resolution techniques. FMCS also provided technical assistance support to improve the Sub-Commission.
FMCS worked with the Bureau of International Labor Affairs at the U.S. Department of Labor and the U.S. Mission in Port au Prince in support of ongoing efforts to help Haiti adhere to the labor provisions of the Haitian Hemispheric Opportunity through Partnership Encouragement Act. FMCS conducted a diagnostic assessment of conflict resolution practices, developed protocols for mediation and conciliation services, and trained staff at the Ministry of Social Affairs and Labor in dispute resolution skills and techniques.
FMCS worked with Honduras on several projects during the 2010s, including the design and delivery of multiple trainings for labor inspectors in the Ministry of Labor, as well as for labor-management representatives in the automotive and agricultural sectors. Topics included negotiation, mediation, dispute settlement mechanisms, and practical, real-world examples of settlements. In another project, under the auspices of the Bureau of International Labor Affairs at the U.S. Department of Labor, FMCS worked closely with the Honduran Ministry of Labor from 2015-2017 to build the capacity of its inspectors and conciliators to deliver effective dispute resolution services. This effort developed a team of local Honduran mediation trainers tasked with sharing techniques for the conciliation of labor disputes and skills for labor advocates to build better relationships and effectively participate in collective bargaining.
In September 2020, the U.S. Government launched a cooperative labor dialogue with Panama, during which officials from the U.S. Federal Mediation and Conciliation Service (FMCS) and Panama’s Ministry of Labor exchanged information on mediation practices as part of the Cooperative Labor Consultations called for in §16.7 of the 2012 U.S.-Panama Trade Promotion Agreement (TPA). Following this initial dialogue, in 2020 and 2021, FMCS provided a series of programs to the Inter-American School for Social Dialogue, Tripartism and Conflict Resolution. (Spanish acronym is EI-DiSTReC). The EI-DiSTReC is a joint initiative of the Panamanian Ministry of Labor and Workforce Development and the University of Panama. In furtherance of the Cooperative Labor Consultations under the TPA, FMCS has, to date, provided the following to the EI-DiSTReC: a Train-the-Trainer in Mediation Skills program (November 2020), Social Dialogue training (March 2021), Labor Conflict Management Systems Design training (September 2021), and Mediation and Conflict Resolution Skills for mediators from the Panamanian Ministry of Labor & Workforce Development. (October 2021)
Also pursuant to the U.S.-Panama Labor Dialogue, FMCS has participated in the first and second Congresses on Labor Dispute Resolution, sponsored by the EI-DiSTReC. (December 2021). At the 1st Congress, in December 2021, FMCS commissioners virtually discussed innovations in the delivery of alternative dispute resolution services and how FMCS evolved from the role of ‘firefighter’ to agents of change. FMCS mediators also demonstrated technological innovations used at FMCS to train professional mediators, negotiators, and labor relations partners. At the 2nd Congress, in October 2022, FMCS Commissioners discussed the advantages and disadvantages of the voluntary nature of the use of its services as it impacts service delivery in the areas of collective bargaining, relationship development training and grievance mediation. The FMCS model was offered as a contrast to less voluntary models prevalent throughout the Americas. FMCS will be submitting a paper in connection with this Congress in December 2022.
In September 2023, FMCS presented its paper on Voluntariness in the Mediation of Labor Disputes, virtually, at the EI-DiSTReC’s 3rd annual International Symposium on Labor Dispute Resolution practices, held in Madrid, Spain.
FMCS’s current work in Panama follows a long tradition of assistance to the Panama Canal Authority, for which the agency played a key role in designing its labor relations system in anticipation of the transition of the Canal from U.S. to Panamanian sovereignty pursuant to the Carter-Torrijos Treaty of 1977.
FMCS hosted a delegation of high-level Bulgarian labor, management, and government officials, as well as representatives from the International Labor Organization, to engage with various models of labor-management dispute resolution. They observed an arbitration and a mock mediation, met with numerous U.S. officials, and received technical assistance in developing an Action Plan to create a government labor dispute resolution institution in Bulgaria. FMCS also led a training for 35 incoming mediators of the Bulgarian National Institute for Conciliation and Arbitration and delivered a follow-up training about advanced techniques for the prevention and resolution of labor disputes.
In May 2023, the FMCS Deputy Director of Field Operations delivered a congratulatory address to the Hungarian Mediation and Arbitration Service (HMAS) on the 20th anniversary of its founding. At the time of its founding in 2003, FMCS mediators delivered FMCS delivered introductory training programs, with case studies and role-plays, in collective bargaining, mediation, and consensus-building for newly hired mediators, as well as more advanced programs for experienced mediators. The HMAS expressed its continuing gratitude to FMCS for its important assistance to get its operations off the ground.
Funded by the U.S. State Department, International Narcotics & Law Enforcement Affairs (INL), this project was initiated in 2021. Its objectives are to enhance the quality of court-based mediation services and to set the groundwork for Kosovo to have self-sustained mediation training capacity that will allow for the mediation profession to be increasingly used and accepted. The project identified and selected a cohort of 15 “Master Mediators-Trainers.” During the first two years of the project, the FMCS team provided the cohort train the trainer (TOT) training to enable them to train new mediators and provide certified mediators refresher, advanced mediation skills and subject matter specific training. At the completion of the TOT training, the members of the cohort applied for and were certified by the Kosovo Judicial Academy as the first trainers in mediation in Kosovo. Where, previously, Kosovo has relied on donors to provide mediation training, the certified trainers of mediation provide Kosovo the in-country capacity to train new mediators and enhance the skills of existing mediators.
In year 3 of the project, the FMCS team is working with the certified trainers to provide refresher training and subject matter specific training to certified mediators. This will be the first time these mediators have received training in over 10 years. In addition, the project will conduct a pilot project to enhance the use of the mediation in the Pristina Prosecutors offices, create videos on the mediation process and benefits to build public awareness, and conduct a study-tour for the cohort to learn about mediation in the US. The FMCS team will further continue to engage with criminal and civil courts, judges, government agencies, attorneys, and key stakeholders to build confidence and long-term demand for mediation services.
FMCS delivered a seminar on mediation skills for Romanian trial judges, appellate judges, Ministry of Justice officials, and practice attorneys, funded by the U.S. State Department’s Democracy and Human Rights Program.
In June 2023, FMCS hosted the Board of the Serbian Republic Agency for The Peaceful Settlement of Labor Disputes for 5 days of briefings that included discussions of FMCS’s services in collective bargaining, relationship development training, systemic conflict management, arbitration, and its fee-for-service FMCS Institute. Discussions also included operational challenges at the leadership level, including strategic challenges in operating a governmental labor dispute resolution agency and mediator performance management. Following these briefings from FMCS, the delegation received valuable briefings from the National Mediation Board, the National Labor Relations Board, the Equal Employment Opportunity Commission, and the U.S. Department of Labor.
In December 2021, the “Month of Mediation” in Ukraine, FMCS participated in the webinar Mediation for Business: Raising the Internal Strength of the Company for Sustainability and Prosperity, hosted by the National Association of Mediators of Ukraine (NAMU) in collaboration with FMCS and the U.S. Agency for International Development (USAID) in the framework of a Memorandum of Cooperation between FMCS and NAMU in August 2021. The goal of the event was to show the leadership and membership of prominent business associations in Ukraine the benefits of using conflict prevention, management, and resolution through the U.S. experience. The long-term objective is to support NAMU in promoting professional training of the mediator community in Ukraine.
At FMCS’s 2022 National Labor-Management Conference, before a virtual audience of over 1,000 attendees, NAMU Immediate Past President Diana Protsenko delivered an impassioned and emotional explanation of life as a mediator in the context of the current invasion by Russia.
Previously, In June 2020, under the auspices of USAID’s New Justice project, four FMCS Commissioners delivered two programs for the National Association of Mediators of Ukraine. The first program covered the U.S. system of Industrial Relations, the mediation services provided by FMCS for both collective and individual cases and introduced participants to the model of Interest Based Bargaining. In the second program, the Commissioners covered alternative models of mediation including the Transformative, Understanding and Narrative models. The program concluded with a presentation of the broader role of the mediator as a conflict management systems specialist and detailed presentation of integrated conflict management systems.
FMCS provided training in fundamental dispute resolution techniques to labor, management, and government officials in Latvia, Estonia, and Lithuania. In a follow-up event, FMCS Commissioners delivered a two-week training program that introduced one candidate mediator from each country to mentoring, methods of dispute resolution, and field visits in six U.S. states. These three candidates then joined the FMCS New Mediator class and shadowed FMCS mediators resolving disputes and leading relationship development trainings in several U.S. cities.
FMCS provided a series of training programs under the auspices of the AFL-CIO’s American Center for International Labor Solidarity for about 50 Croatian labor, management, and government representatives. These trainings provided participants with substantive training in the history and practice of collective bargaining, an in-depth understanding of the collective bargaining process, including communication and negotiation techniques, and subsequent “train-the-trainer” skills. As a result, several participants served, either individually or jointly, as trainers, resource persons, and “agents of change” in their respective organizations.
FMCS provided guidance to five EU acceding states (Latvia, Lithuania, Slovakia, Cyprus, and the Czech Republic) on establishing governmental labor mediation services during an EU workshop on Social Dialogue and Conflict Mechanisms. FMCS organized breakout sessions, in which the representatives from each country met in their own language to analyze the state of their current conflict resolution systems, assess their future challenges for conflict resolution, and draft National Development Plans (NDP). Each group received feedback from FMCS and EU experts at each stage of the process. In a follow-up meeting, FMCS helped these countries implement their NDP and also provided supplemental training, information, and networking opportunities to an additional five EU acceding countries (Poland, Hungary, Malta, Estonia, and Slovenia).
FMCS collaborated with the Program on Negotiation at Harvard Law School to provide a week-long training program on interest-based bargaining and problem solving for a tripartite group of stakeholders in Iceland. These stakeholders represented the government of Iceland, high-level management officials from the public and private sectors, and corresponding labor representatives, as well as prominent academics. The program featured interactive exercises and group discussions of lessons learned. It also provided skill-based context for strategic negotiations that would take place during an upcoming summit dialogue in the wake of Iceland’s bank and fiscal crisis.
FMCS has worked with Ireland on several projects, including a three-part interest-based problem-solving training program for Irish professionals in labor, management, government, and academia, as well as private third-party neutrals. The first two sessions outlined fundamental theories and provided opportunities to engage in practical exercises, and the third session was directed exclusively at the management officials of the Allied Irish Bank and their union counterparts, in anticipation of upcoming contract negotiations. In another, more long-term, project, FMCS and the Irish Labor Relations Commission (LRC) hold an annual Mediator Exchange Program where FMCS Commissioners travel to Ireland to observe LRC mediation services and LRC mediators travel to the United States to observe FMCS in turn. This exchange forms an ongoing bilateral relationship focused on mutual learning and collaborative advancement of the labor dispute resolution field.
FMCS worked with the Alliance for Conflict Prevention and Resolution and the Belfast Local Strategy Partnership to facilitate discussions aimed at developing an early warning and response mechanism to prevent violent conflict in countries deemed to be “at risk” and building the capacity of in-country leadership to coordinate violence prevention efforts with local NGOs. They also brainstormed ways that participant organizations might contribute to the International Peace and Prosperity Project in Guinea-Bissau, which is run by the Canadian International Institute of Applied Negotiation and assists local communities in averting state failure and violence.
Under the auspices of the ILO’s International Training Center, in November 2019 an FMCS Commissioner traveled to Lisbon to deliver a one-week training designed to increase the Portuguese Labor Ministry’s ability to resolve intractable collective disputes. The training covered a multitude of topics ranging from traditional negotiation dynamics, the standard, transformative, evaluative, interest based, and affinity bargaining mediation models, contract costing, the psychology of negotiation, and principles of conflict management. The training included numerous role plays and exercises for the participants to apply the skills covered in the program.
FMCS co-taught a course in “Negotiations from an International Perspective” at the University of Cantabria in Santander, Spain, in conjunction with Whittier Law School in Long Beach, California. This course was directed to both Spanish and American law students and featured modules taught by University of Cantabria faculty members.
In August 2022, FMCS kicked off its 5th year of capacity building for the Jordanian Ministry of Labor (MOL). This 5th year was all about sustainability, as FMCS worked with the MOL to create structures and processes to ensure ongoing internal training of MOL conciliators in collective bargaining mediation. A second goal of year 5 of the project was to make the delivery of relationship development training for private sector employers and worker groups part of the Ministry’s routine operations. In furtherance of these goals, from October 2022 through April 2023, a 6-person Jordanian MOL Training Team, created through the FMCS project, trained the entirety of the MOL inspector corps in mediation skills. In addition, this MOL Training Team begin training labor and business leaders in skills and principles for improved communication and collaboration. Outside of the MOL, the FMCS training delegation was also pleased to learn of robust initiatives underway in the private sector to foster labor-management cooperation at the enterprise level. With help from the Danish government, the Jordan Chamber of Industry (JCI) had developed programming to both promote and highlight successful collaboration between employers and workers, including a conference it had recently co-sponsored with the General Confederation of Jordanian Trade Unions (GFJTU), the main trade union umbrella in Jordan. In addition, a consultant for the GFJTU, recounted for the FMCS training delegation numerous cases of successful labor-management committees in the agricultural sector.
FMCS has worked with Morocco on several projects, including a multi-day skills training for labor-management representatives and labor inspectors on effective communication, problem-solving, and mediation techniques. These interactive training sessions, led in coordination with the Bureau of International Affairs at the U.S. Department of Labor, the Moroccan Ministry of Labor, and the U.S. Consulate in Casablanca, were designed in response to interview-based needs assessments. As a follow-up to this project, FMCS Commissioners returned to Morocco in 2015 to assess the progress made by interviewing training participants and meeting with Ministry of Labor officials to discuss how the Ministry might build upon the work of FMCS in future years. In another engagement, FMCS participated as a delegate in the U.S. State Department’s Middle East Partnership Initiative alongside the National Labor Relations Board, the U.S. Trade Representative, and the Occupational Safety and Health Administration and Wage and Hour Divisions of the U.S. Department of Labor. Collectively, the delegation provided information to ten governments from the Middle East and Northern Africa, including Morocco, about their implementation of labor provisions in current or prospective Free Trade Agreements with the United States.
FMCS worked with the U.S. Department of Labor to strengthen the capacity of the Province of Córdoba to conciliate labor disputes at a time of deep economic recession, a huge volume of employee dismissals, and a backlog of worker complaints against employers. In Phase One of the project, FMCS Commissioners trained conciliators and labor inspectors in the techniques of interest-based problem solving and other skills for mediating employment disputes. In Phase Two, FMCS trained private-sector labor relations practitioners in “win-win” negotiation strategies. FMCS also provided additional “train-the-trainer” instruction to conciliators from 17 different Argentinian provinces. This group became the Federal Mediation Training Team and in turn taught their respective labor-management communities. As an offshoot of this project, FMCS also conducted workshops for mediators from the National Ministry of Labor on integrative techniques for collective labor negotiations.
FMCS has worked with Brazil on several projects, including a mediation training sponsored by the International Labor Organization for twenty senior labor solicitors from the Brazilian Ministry of Public Labor. FMCS Commissioners trained the Brazilian officials in topics including mediation techniques, interest-based problem solving, the dynamics of multi-party negotiations, and the ethics of dispute resolution. In another project, FMCS provided an overview of the U.S. labor relations and labor dispute resolution system to Brazilian labor court officials such that they could potentially adapt key principles to the realities of the Brazilian context.
FMCS trained experienced mediators from the Canadian FMCS, as well as the various provincial mediation services, in the content and application of Preventive Mediation (PM) programs. FMCS Commissioners presented a twelve-criteria template to help the participants determine the suitability of several PM programs and discussed advanced problem-solving topics.
FMCS participated in the inaugural meeting of the U.S.-Chile Labor Affairs Council, which was established to oversee implementation and review progress of the Labor Chapter of the U.S.-Chile Free Trade Agreement. In their presentation, FMCS Commissioners drew comparisons between the American and Chilean systems and shared their experiences with alternative methods for resolving labor conflict.
FMCS has worked with NGOs, government, management and labor stakeholders Colombia on a number of projects spanning at least two decades, most recently in a joint training program with the Javeriana University of Colombia in November 2021 covering labor conflict, negotiation and mediation. In 2019, FMCS began working with key stakeholders in the Colombian industrial relations sector to provide guidance on formulating governmental institutions for labor dispute resolution in Colombia. During this project, FMCS participated in events at two prominent Colombian universities and is currently engaged in ongoing consultations with stakeholders in furtherance of this initiative.
FMCS recently completed a three-year USDOL-funded project in which it provided 41 rounds of training to 692 individuals with vital roles to play in the success of the 2019 labor law reform. Trainees included federal conciliators, state conciliators, federal judges, state judges, and a variety other classifications with important roles to play in the system created by the 2019 labor law reform. That labor law reform constituted a major transformation, not only in Mexican labor law but also in Mexican labor relations and, indeed, Mexican labor rights, by providing for true, democratic representation of workers by unions, with ample access to labor justice. As part of that access to justice, mediation is a major component in giving workers a voice, via conciliation centers as well as via the judicial process.
Beyond the training, the 2020-23 FMCS Mexico project set a course for a sustainable training capacity at the Federal Centers for Conciliation & Labor Registration (Spanish acronym: CFCRL) by: (1) creating a 6-part collective bargaining training video; (2) drafting a manual of collective bargaining mediation training techniques and accompanying training materials including PowerPoints, exercises and role plays; (3) training 8 conciliators to serve as trainers of their fellow conciliators to cascade out a culture of learning and continuous improvement throughout the CFCRL; and (4) submitting to CFCRL and the Secretary of Labor and Social Prevision (Spanish acronym: STPS) a plan for the establishment of a permanent Conciliation Training Coordinator position at the CFCRL to organize and track trainings of mediators in the skills and techniques they need to do their jobs, manage the performance of the training program, and acquire and develop new training materials as the needs of the CFCRL change.
In April 2021, FMCS provided training to the entirety of the conciliation corps at the Peruvian Ministry of Labor and Promotion of Employment. (Spanish acronym: MTPE) The objective of the training was to impart a series of tools and principles to increase the trust that the Peruvian Industrial Relations community has in the conciliation services delivered by the MTPE. In addition to skill building via the introduction of various mediation models that emphasize party empowerment as well as tips for navigating varying dynamics at the collective bargaining table, the training included a model panel of FMCS mediators providing advice for winning the trust of the parties to enter cases and generate repeated use of conciliation services.
In a prior project, with funding from the U.S. Department of Labor, FMCS delivered mediation and dispute resolution trainings to labor and management representatives from the National Council for Labor and Employment Promotion, as well as local officials in the cities of Lima, Cusco, Iquitos, and Trujillo. To ensure the long-term sustainability of this training, FMCS led “train-the-trainer” sessions for a group of Peruvian mediation trainers and provided advisory services to sustain the MTPE’s training capacity.
FMCS addressed the Western Australia Industrial Relations Commission alongside representatives from the United Kingdom and Ireland to share experiences, techniques, and methods of individual and collective labor mediation and conciliation. An FMCS Regional Director also delivered a speech on the status of collective bargaining in the United States and the impact of FMCS on the field.
In December 2023, FMCS provided a training in Interest Based Problem Solving (IBPS) for the Adjudicatory Officers of the New Zealand Employment Relations Authority (ERA) and the conciliators of the Employment Mediation Services (EMS) of the Ministry of Business, Innovation and Employment (MBIE). IBPS helps the Adjudicatory Officers of the ERA resolve specific issues that come to it via petition during the pendency of parties’ collective bargaining, after which it remands the parties to further bargaining of the final terms of their collective contract. In contrast, the EMS mediators respond to voluntary requests for mediation, of which parties can avail themselves at any stage of negotiations. The FMCS mediators led the ERA and EMS participants in a joint explanation of the principles, assumptions, steps and techniques of IBPS, including several interactive exercises, and then broke them into separate groups in which the ERA and EMS participants engaged in role plays with fact patterns specific to their respective agencies.
The FMCS training team was thrilled to include, as co-trainers, participants from a 2019 program in IBPS and Affinity Bargaining delivered by FMCS, which included public forums and trainings in both Auckland and Wellington consisting of 140 labor relations negotiators and practitioners representing labor, management, and government groups. As a result of this high level of engagement with the New Zealand labor-management community, MBIE reported an increase in the demand for and successful use of the techniques imparted by FMCS among users of their mediation services.
FMCS delivered two interactive training programs to arbitrators on the Cambodian Labor Arbitration Council. During the programs, the arbitrators were divided into small groups, where they identified the most common problems they face in their work with employers and unions. They were then trained in the techniques of interest-based negotiations and conducted mock arbitrations to improve their skills.
With funding from the U.S. Department of Labor, in October/November 2022 FMCS delivered a training program focused on principles and skills to achieve successful outcomes in the collective bargaining process and in the collective bargaining relationship as a whole. The program was directed to leaders in labor and management who are in a position to diffuse the knowledge and skills throughout their organizations and potentially throughout their sectors. Following an overview of the collective bargaining process and guidance for successful outcomes in each stage of collective bargaining, the program emphasized skills in problem solving, communication, roles and responsibilities and mutual respect for the same, consensus building, meeting management, accountability, and specific programming to deal with strained relationships.
Following the collective bargaining program, FMCS delivered a training to individuals identified by the Ministry of Manpower (MOM) to improve their skills in the mediation of collective bargaining disputes. The course covered the various stages of mediation, from pre-mediation activities and initial contacts, through final agreement and the role of the mediator when parties are drafting. At each stage of mediation, participants had the opportunity to develop core competences such as active listening, the art of questioning, brainstorming and creativity, objective criteria assessment, consensus decision making, large meeting facilitation, and analyzing and working with the dynamics of a negotiating committee. The course also included the advice and guidance of local experts in Indonesian labor law, customs and culture, laying the foundation for sustainable service delivery by the MOM in the future.
At the request of the Philippines Department of Labor and Employment (DOLE), with funding from the United States Department of Labor, in December 2023 FMCS Commissioners delivered a training program in advanced mediation and conciliation techniques for a 40-person group of participants from the following DOLE agencies: (i) the National Mediation & Conciliation Board (NCMB), (ii) the Bureau of Working Conditions (BWC), and (iii) the Conciliation-Arbitration unit that handles cases as part of the Single-Entry Dispute Resolution Approach at the DOLE (the SENA). The training, which was extremely well-received, covered: (i) various diagnostic mediation techniques that are useful for assessing the substantive, political, psychological and relational dynamics behind multifaceted aspects of the collective bargaining process; (ii) foundational mediation principles, skills and techniques, such as creating a safe environment for resolution, listening, generating creative solution, and asking questions, among others; (iii) interventional mediation techniques, which can best be described as “tips and tricks for guiding parties to agreement and helping them avoid impasse.”; (iv) Integrative Bargaining techniques, which are processes that involve parties working together in a joint problem-solving dynamic, as opposed to trading proposals, and include Interest Based Problem Solving (IBPS) and Affinity Bargaining; (v) and transformative mediation, which helped the DOLE conciliators shift the focus of their meetings form strictly rights-based to one that better takes into account the emotional aspects of the parties’ disputes.
The training was extremely well-received, with active participation from a wide swath of participants with, varying levels of experience, from all 3 DOLE agencies. In particular, during the sessions the participants asked for additional training in 2 areas: (1) integrative collective bargaining mediation processes, including Interest Based Bargaining and Affinity Bargaining; (2) training of business and labor leaders in the collaborative principles and skills that would allow them to be effective participants in mediation, conciliation, arbitration and, during the term of the collective bargaining agreement, effective practitioners of conflict management between labor and management.
FMCS conducted a two-day workshop focused on case studies, application, and innovative approaches to workplace dispute resolution for tripartite mediators in the Singaporean Ministry of Manpower.
FMCS taught a multi-day course in mediation, negotiations, and cultural competency at the Rotary Center for Peace and Conflict Resolution at Chulalongkorn University in Bangkok, Thailand. This course was held twice annually for four years
Since 2004, when the ILO’s Vietnam Project was managed for six years by an FMCS Commissioner on a leave of absence from the Agency, FMCS has worked with Vietnam on several projects. The first project, held in Hanoi and Ho Chi Minh City, was held under the auspices of the ILO’s Vietnam Project. It involved multi-day trainings for Vietnamese labor, management, and government officials on interest-based problem solving for collective negotiations and other skills for collaborative labor relations. In the early 2010s, the U.S. Department of State’s Bureau of Democracy, Human Rights, and Labor (DRL) sponsored a comprehensive technical assistance program via an Interagency Agreement with FMCS entitled Building Mediation and Conflict Management Skills in Transitioning Economies. In 2012, FMCS and the Vietnamese Labor Ministry (MOLISA) signed a Letter of Understanding (LOU), which established a “collaboration framework” and specific priorities for training and capacity building in labor dispute resolution. In May 2013, FMCS delivered two weeks of mediator training and assessment activities in Ho Chi Minh City and Hanoi. In another project, sponsored by USAID, FMCS led multiple half-day workshops for Vietnamese Ministry of Labor officials about U.S. labor relations and key principles for successful labor dispute resolution. FMCS also led similar workshops for the Vietnam Chamber of Commerce and Industry, the Hanoi Office of the Vietnam Educational Foundation, and the Ministry of Labor University’s Industrial Relations department.
In January 2014, FMCS, MOLISA and the ILO’s Chief Technical Advisor collaborated on the drafting of a mediation manual to improve the delivery of services by MOLISA labor mediators. The manual included national standards and operating procedures for labor mediators, encompassing critical elements such as the key roles, duties and responsibilities of a labor mediator, in addition to guidelines when dealing with individual employment grievances, collective grievances, collective bargaining negotiations and strikes. Through these discussions, MOLISA agreed to add an additional responsibility and role for labor mediators in Vietnam – i.e., that of a Preventive Labor Relations Advisor. The FMCS team was highly encouraged by MOLISA’s recognition of the value of preventive labor relations.