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This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.
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.
The book provides a comprehensive overview of recent developments in Turkey’s labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.
Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.
Monograph on dispute settlement of labour disputes in the USA, with particular reference to conciliation, arbitration and the role of labour courts - surveys the pros and cons of each stettlement method under various circumstances, and covers the structure, jurisdiction and procedures of various types of national level and local level arbitration systems. References.
The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed. - Systematic and critical review of the up-to-date literature on labour disputes and their management - Empirical findings on labour disputes and the institutional channels available to workers for resolving them - Assessment of the effectiveness of the existing mechanisms for dealing with labour disputes