The Power of Public Vision in ADR
By Courtney Verbick
Mediation, a form of alternative dispute resolution (“ADR”), resolves disputes outside of court with a neutral third party that facilitates negotiations.[1] Its confidentiality promotes fairness, neutrality, and candor.[2] This is appealing to parties when litigation could result in bad publicity,[3] and is common in labor disputes, especially during union strikes, where open dialogue is essential.[4]
When celebrities are involved in labor disputes, media coverage intensifies. Public visibility can inform and engage audiences who might otherwise be unaware of the dispute.[5] However, the media’s involvement risks distortion, bias, or misleading the audience.[6] Recognizing these potential effects is crucial to assessing the role of public vision in ADR. The media fills information voids by sharing each side’s goals and perspectives.[7] However, media outlets ultimately have discretion on which conflicts are covered and how they are framed, allowing them to shape narratives to reflect their own values and beliefs.[8] A recent Broadway dispute illustrates this dynamic.
The Actors’ Equity Association (the “Association”), representing actors and stage managers, were negotiating with the Broadway League (the “League”), the trade association for the commercial theatre industry.[9] Negotiations for improved health insurance began on August 25, 2025, before their current contract expired on September 28, 2025.[10] On October 18, 2025, a few weeks after authorizing a strike, the Association issued a press release stating the parties reached a tentative agreement.[11]
Many famous actors have publicly supported the Association’s demands, including Association president Brooke Shields, calling them “an investment they should want to make toward the long-term success of their businesses.”[12] Public vision benefits the Association, as its members’ fame draws media attention and increases pressure on the League, often casting it in a negative light. In contrast, the League maintained public neutrality, emphasizing a preference to negotiate “at the bargaining table rather than in the press,” subtly criticizing the Association’s public approach.[13] This raises questions about how media attention may influence ADR outcomes.
Public exposure also invites outsiders to form opinions that are rooted in self-interest. Since a strike would affect customers’ future shows and travel plans, outsiders may favor a quick resolution to preserve their own entertainment plans, even at the expense of the Association’s demands.[14]
Conversely, Boeing’s labor dispute continues as their union enters another week on strike.[15] After eleven weeks of the strike, the union’s unfair labor practice complaint, alleging the company was not negotiating in good faith, brought the parties back to mediation.[16] While this dispute has received media attention, it lacks in comparison to the Broadway conflict; most outsiders lack personal ties to the workers and are not directly affected by the strike. Unlike famous actors, Boeing workers have limited reach, so media coverage tends to be more neutral and less emotional.[17] Boeing also receives less backlash than the League because no celebrities are involved, and the strike may cause less direct inconvenience to the public. While some sympathize with the union as Boeing threatens to hire new workers, reactions would likely be stronger if Broadway actors were replaced, given fans’ personal and financial investment in specific performers.
In conclusion, public vision can significantly influence how labor disputes are resolved through mediation. Celebrity unions can generate public sympathy and pressure, while disputes involving other workers receive less attention. This contrast demonstrates how publicity can both aid and complicate fairness in ADR.
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[1] Ruth D. Raisfeld, How Mediation Works: A Guide to Effective Use of ADR, 33 Emp. Rels. L. J. 1, 3 (2007).
[2] Lawrence R. Freedman & Michael L. Prigoff, Confidentiality in Mediation: The Need for Protection, 2 J. Disp. Resol. 37, 38 (1986).
[3] Raisfeld, supra note 1, at 4.
[4] Francisco Aponte Perez, Evaluation of Mediation Techniques, 10 Lab. L. J. 716, 716 (1959); Nino Eloshvili, The Importance of Confidentiality Principle in the Mediation Process, Alt. Disp. Resol. Y.B. 41, 49 (2013).
[5] Jenifer Vaughan, Conflict Mediation and the News Media, 66 Middle E. Ctr. 1, 6 (2023).
[6] Id.
[7] See id. at 12–13.
[8] Id. at 14.
[9] Laura Ratliff, Is Broadway Going on Strike? What to Know About the Recent Union Negotiations, TimeOut (Oct. 6, 2025), https://www.timeout.com/newyork/news/is-broadway-going-on-strike-what-to-know-about-the-recent-union-negotiations-100625 [https://perma.cc/HJ2H-YNLQ]; See Broadway League, https://www.broadwayleague.com/home/ [https://perma.cc/64N6-CMAR] (last visited Oct. 20, 2025).
[10] Ratliff, supra note 9; Glenn Garner, Actors’ Equity Reaches Tentative Deal With Broadway League, Avoiding Strike, Deadline (Oct. 18, 2025, at 9:41 ET), https://deadline.com/2025/10/actors-equity-tentative-deal-broadway-league-avoid-strike-1236591213/ [https://perma.cc/NKS4-QHYD].
[11] Dawn Chmielewski, Broadway Actors Prepare to Strike, Union Says, Reuters (Oct. 1, 2025, at 21:29 ET), https://www.reuters.com/business/world-at-work/broadway-actors-prepare-strike-union-says-2025-09-30/ [https://perma.cc/URE8-9TUH]; Actors’ Equity and Broadway League Reach Tentative Agreement, Actors Equity Ass’n (Oct. 18, 2025), https://www.actorsequity.org/news/PR/2025/10/18/actors-equity-and-broadway-league-reach-tentative-agreement [https://perma.cc/HX3H-VC65].
[12] Chmielewski, supra note 11.
[13] Moises Mendez II, Broadway Actors Prepare to Strike for the First Time Since 1968, Out (Oct. 2, 2025, at 12:06 ET), https://www.out.com/theater/broadway-actors-equity-strike#toggle-gdpr [https://perma.cc/GT7A-44VN].
[14] Diep Tran, Which Shows Are Affected by a Potential Broadway Strike?, Playbill (Oct. 14, 2025) https://playbill.com/article/which-shows-are-affected-by-a-potential-broadway-strike [https://perma.cc/37GV-BWZW]; Averee Nelson, Broadway Actors are Considering a Strike that Could Cancel Shows and Wreck Travel Plans, Mirror US (Oct. 14, 2025, at 13:16 ET), https://www.themirror.com/travel/broadway-actors-strike-cancel-shows-1445785 [https://perma.cc/FUB5-N6WX]; Nicole Rosenthal & Desheania Andrews, Theatergoers Worry as Broadway Performers OK Strike over Contract Demands: ‘It’s What People Come to Do’, N.Y. Post (Oct. 16, 2025, at 18:17 ET), https://nypost.com/2025/10/16/us-news/possible-broadway-shutdown-looms-after-unions-authorize-strike-leaving-theatergoers-in-the-dark-ny-is-nothing-without-broadway/ [https://perma.cc/7JQ3-HW4Z].
[15] Olivia Mizelle, Union and Boeing Returning to Negotiations After Unfair Labor Complaint Filing, St. Louis Pub. Radio (Oct. 17, 2025, at 15:37 CT), https://www.stlpr.org/news-briefs/2025-10-17/union-and-boeing-returning-to-negotiations-after-unfair-labor-complaint-filing [https://perma.cc/4C5T-NADH]; Niraj Chokshi, Boeing Plans to Hire Replacements for Striking Workers, N.Y. Times (Sep. 4, 2025), https://www.nytimes.com/2025/09/04/business/boeing-strike-union-st-louis.html?searchResultPosition=8 [https://perma.cc/LTD6-CMPH].
[16] Mizelle, supra note 15.
[17] Vaughan, supra note 5, at 12–13.
