Mediation in Collective Labor Conflicts.

• Superior document: Industrial Relations and Conflict Management Series
• Author: Euwema, Martin C.
• TeilnehmendeR: Medina, Francisco J.; García, Ana Belén.; Pender, Erica Romero.
• Place / Publishing House: Cham : : Springer International Publishing AG,, 2019.; ©2019.
• Year of Publication: 2019
• Edition: 1st ed.
• Language: English
• Series: Industrial Relations and Conflict Management Series
• Physical Description: 1 online resource (337 pages)

Table of Contents

Intro -- Contents -- Introduction -- General Framework for Interventions in Collective Labor Conflict -- 1 Mediation and Conciliation in Collective Labor Conflicts -- 1.1 Collective Labor Conflicts -- 1.2 Collective Conflicts in Organizations -- 1.2.1 Collective Labor Conflicts Over Interests and Rights -- 1.2.2 Conflicting Parties -- 1.2.3 Representing Employees: Unions and Works Councils -- 1.3 Mediation and Other Third Party Interventions -- 1.4 Regulations, Roles and Relations: 3-R Model of Mediation in Collective Conflicts -- 1.5 Conclusion -- References -- 2 Third Party Interventions at Different Phases of Collective Labor Conflict -- 2.1 Escalation of Collective Labor Conflicts -- 2.2 Collective Conflicts: Development Through Five Phases -- 2.3 Third Party Interventions in Each Phase -- 2.4 Conclusion -- References -- Regulations and Practices of Mediation and Conciliation within the European Union -- 3 Mediation and Conciliation in Collective Labor Conflicts in Belgium -- 3.1 Introduction -- 3.2 Characteristics of the System -- 3.3 Characteristics of the Mediators or Facilitators and the Third Party Procedures -- 3.4 Description of the Facilitation and/or Mediation Process -- 3.5 Effectiveness of the System -- 3.6 Conclusions -- References -- 4 Mediation and Conciliation in Collective Labor Conflicts in Denmark -- 4.1 Introduction to Collective Conflict Mediation on the Danish Labor Market -- 4.1.1 The Danish Industrial Relation System -- 4.1.2 Institutional Background and Historic Compromise -- 4.2 Characteristics of the Danish Collective Mediation System -- 4.2.1 Negotiations on Different Levels-The Ladder of Conflict Resolution -- 4.2.2 Industrial Arbitration-The Fourth Step -- 4.2.3 The Labour Court -- 4.2.4 Procedure of the Court -- 4.2.5 The Ability to Handle Urgency.

4.2.6 Resolution Before It Ends in Court-Decisions During Preliminary Meetings -- 4.2.7 Additional Third-Party Involvement, and Workplace Co-operative Institutions -- 4.2.8 The Co-operation Agreement -- 4.2.9 The Co-operation Board -- 4.2.10 Co-operation Committees -- 4.2.11 Co-operation Consulting Units -- 4.2.12 Stakeholders' Evaluation of the Formal Mediation System and Services -- 4.3 Characteristics of the Mediators or Facilitators and the Third-Party Procedures -- 4.4 Description of the Facilitation and/or Mediation Process -- 4.4.1 Stakeholders' Evaluation of the Mediators and Mediation Process -- 4.5 Possibilities to Increase the Use and Quality of Social Dialogue and the Mediation Provided -- 4.5.1 Ideas for Improving the Use and Quality of the Mediation Process and Social Dialogue -- 4.5.2 Stakeholders' Evaluation of the Effectiveness of the Mediation in Organizations -- 4.6 Conclusion -- References -- 5 Mediation and Conciliation in Collective Labor Conflicts in Estonia -- 5.1 Introduction -- 5.2 Characteristics of the System -- 5.3 Characteristics of the Mediators or Facilitators and the Third Party Procedures -- 5.4 Description of the Facilitation and/or Mediation Process -- 5.5 Effectiveness of the System -- 5.6 Conclusions -- References -- 6 Mediation and Conciliation in Collective Labor Conflicts in France -- 6.1 Characteristics of the System -- 6.2 Mediation in France: From the Legal Framework to the Emergence of a Mediation Market -- 6.3 Three Types of Mediator Role -- 6.4 Debate in the French Mediation Community -- 6.5 Conclusion: The Role of Mediation in Rendering French Conflict Resolution More Effective -- References -- 7 Mediation and Conciliation of Collective Labor Conflicts in Germany -- 7.1 Introduction -- 7.2 The Role of Strikes in Germany -- 7.3 Characteristics of the System -- 7.4 Evaluation of Stakeholders on the System.

7.5 How Many Mediators Are There in Germany? -- 7.6 Who Act as a Mediator in Germany? -- 7.7 Evaluation by Stakeholders of the Facilitators/Mediators and Third Party Procedures -- 7.8 Is There Any Documentation on Satisfaction with the Mediation? -- 7.9 Is There Change in the Use of Mediation? -- 7.10 The Use of Third Party Intervention in Work Councils -- 7.11 Is There Indication of Trust or Distrust in the System and in the Quality of Mediations (Process) and Mediators? -- 7.12 Is There at Systems Level an Evaluation of the Costs and Benefits of the Mediation System? -- 7.13 Conclusion and Suggested Improvements -- References -- 8 Mediation and Conciliation in Collective Labor Conflicts in Italy -- 8.1 Introduction -- 8.2 Characteristics of the System -- 8.3 Characteristics of the Mediators or Facilitators and the Third-Party Procedures -- 8.4 Description of the Mediation Process -- 8.4.1 Evaluation by Stakeholders -- 8.5 Effectiveness of the System -- 8.6 Conclusions -- References -- 9 Mediation and Conciliation in Collective Labor Conflicts in the Netherlands -- 9.1 Introduction -- 9.2 Characteristics of the Dutch System for Collective Conflict Management -- 9.2.1 Conflict Between Employer and Unions -- 9.2.2 Conflict Between Employer and WC -- 9.3 Characteristics of the Mediators or Facilitators and the Third Party Procedures -- 9.4 Description of the Facilitation and/or Mediation Process by the Joint Sectoral Committee -- 9.5 Effectiveness the Dutch System for Collective Conflicts and Suggestions for Improvement -- 9.6 Conclusion -- References -- 10 Mediation and Conciliation in Collective Labor Conflicts in Poland -- 10.1 Introduction -- 10.2 Characteristics of the System -- 10.3 Characteristics of the Mediators and Third Party Procedures -- 10.3.1 Choosing a Mediator -- 10.3.2 Remuneration -- 10.3.3 Appointment of Mediators.

10.4 Description of the Facilitation or Mediation Process -- 10.4.1 Starting the Mediation -- 10.4.2 The Mediation -- 10.4.3 Ending the Mediation -- 10.5 Effectiveness of the System -- 10.6 Conclusions -- References -- 11 Mediation and Conciliation in Collective Labor Conflicts in Portugal -- 11.1 Introduction -- 11.2 Characteristics of the System -- 11.2.1 Evaluation of Stakeholders on the System -- 11.3 Characteristics of the Mediators and the Third-Party Procedures -- 11.3.1 Evaluation by Stakeholders of the Mediators and Third-Party Procedures -- 11.4 Description of the Conciliation, Mediation and Prevention Processes -- 11.4.1 Evaluation by Stakeholders of the Mediators and Mediation Processes -- 11.5 Effectiveness of the System -- 11.5.1 Evaluation by Stakeholders of the Effectiveness of the Mediation -- 11.6 Conclusion -- References -- 12 Mediation and Conciliation in Collective Labor Conflicts in Romania -- 12.1 Introduction -- 12.2 Characteristics of the System -- 12.2.1 Some Characteristics of the Current Law of Social Dialogue -- 12.2.2 Participants in Social Dialogue -- 12.2.3 Means of Resolving Labor Disputes -- 12.2.4 Evaluation of Stakeholders on the System -- 12.3 Characteristics of the Conciliators or Mediators and the Third Party Procedures -- 12.3.1 Evaluation by Stakeholders of the Conciliators/Mediators and Third Party Procedures -- 12.3.2 Evaluation by Stakeholders of the Conciliation Process -- 12.4 Effectiveness of the System -- 12.4.1 Evaluation by Stakeholders of the Effectiveness of the Mediation -- 12.5 Conclusions -- References -- 13 Mediation and Conciliation in Collective Labor Conflicts in Spain -- 13.1 Introduction -- 13.2 Regulations and Characteristics of the Systems -- 13.3 Relationships. From Confrontational Relationships to the Promotion of Social Dialogue Between Social Partners.

13.4 Roles. Characteristics of the Mediators' Role -- 13.5 Description of the Mediation Process -- 13.6 Effectiveness of the System. Evaluation by Stakeholders -- 13.7 Challenges for the Spanish Systems. Qualitative Analysis of the Parties and Mediators' Perspective -- 13.8 Conclusions -- References -- 14 Mediation and Conciliation in Collective Labor Conflicts in the United Kingdom -- 14.1 Introduction -- 14.2 Characteristics of the System -- 14.3 Characteristics of the Mediators or Facilitators and the Third Party Procedures -- 14.4 Description of the Facilitation and/or Mediation Process -- 14.5 Effectiveness of the System -- 14.6 Conclusions -- References -- 15 Mediation and Conciliation in Collective Labor Conflicts in Europe: A Cross Cultural Analysis -- 15.1 Commonalities and Differences Among Member States -- 15.2 Diversity in Regulations and Systems for Conciliation and Mediation in the EC -- 15.3 How Is Mediation in Collective Labor Conflict Perceived by the Users? -- 15.4 How Is Mediation in Collective Labor Conflicts Perceived by Mediators? -- 15.5 Challenges for Conciliation and Mediation in Collective Labor Conflicts in Europe -- 15.6 Suggestions for a More Effective Collective Mediation System. What Can We Do? -- 15.7 Conclusion -- References -- Regulations and Practices of Mediation and Conciliation Around the Globe -- 16 Mediation and Conciliation in Collective Labor Conflicts in Australia -- 16.1 Case Study: New South Wales (NSW) Trains -- 16.2 Introduction -- 16.3 How Is Mediation Organised and Conducted? -- 16.3.1 Historical and Legal Context -- 16.3.2 Who Can Act as Mediator? -- 16.3.3 How Common Is the Mediation of Collective Conflict? -- 16.3.4 At What Stage Does Mediation Take Place? -- 16.4 Evaluating the Effectiveness of Mediation -- 16.5 Conclusions -- References.

17 Mediation and Conciliation in Collective Labor Conflicts in China.