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If you are a manager who wants to develop their conflict management skills and gain a greater understanding on how meditation offers a clear framework for effective conflict resolution, this book is for you.
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
When employers and employees wage war in the workplace, nobody wins. Workplace conflict that escalates into a lengthy ordeal costs more than money: both employers and employees suffer damages to their health, home life, personal, and professional relationships, and to the productivity of the business. There is a better way. Professional mediator Amy Lieberman is on a mission to get all businesses to wholeheartedly embrace mediation. In this book you will learn the secrets to resolving conflict and restoring peace. Discover an accelerated way for employers and employees to get conflicts out in the open, to find resolutions both sides can live with, and to get back to the productive business of work and life.
This book compares the unique features of workplace mediation to other contexts of mediation, as well as the specific competences each situation requires of the mediator. It covers many important issues related to workplace mediation and discusses interventions by managers, such as conflict coaching and informal mediation. It proposes a new model to assess the effectiveness of mediation, and discusses the impact of legal systems, HRM policies, as well as power structures, and cultural differences. The book takes into account perspectives from multiple disciplines, such as management, business, psychology, law and sociology. It also discusses mediation aspects from a variety of cultural and regional contexts. The book advances knowledge about the application, process and effects of workplace mediation and includes practical tips for scholars, practitioners, mediators and managers to enhance their mediation practice or to foster constructive conflict management in organizations.
How to Master Workplace and Employment Mediation is a best practice guide that unearths all the myths surrounding mediation and outline how it can add value to the employment relationship. It deals with aspects of both workplace (ongoing working relationship) and employment (post-employment relationship) mediation.
The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
A practical toolkit of exercises, case studies and real-world examples to enable you to become an effective mediator at work.