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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.
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
International debate has recently focused on increased inequalities and the adverse effects they may have on both social and economic developments. Income inequality, now at its highest level for the past half-century, may not only undermine the sustainability of European social policy but also put at risk Europe’s sustainable recovery. A common feature of recent reports on inequality (ILO, OECD, IMF, 2015–17) is their recognition that the causes emerge from mechanisms in the world of work. The purpose of this book is to investigate the possible role of industrial relations, and labour policies more generally, in reducing these inequalities.
This text presents a selection of contributions to the Sixth European Congress of Work and Organizational Psychology held in Alicante (Spain) in April 1993, some of which have been previously published in the European Work and Organizational Psychologist. The contributions selected to appear in this volume focus on some of the principal questions scholars and professionals concerned with work and organizational psychology are tackling in Europe. The range of topics, theoretical approaches, methodologies, and orientations discussed illustrate the richness and variety of ideas currently studied in the discipline. The topics addressed in this text have a clear significance for the current European scene of work and organizational psychology. Although they are not the only ones, the areas discussed present important trends and interests within the discipline. The main sections include contributions which deal with psychological characteristics and processes of individuals at work, work experiences and their relationship with psychological well-being, the study of work entry and work socialization, the study of teamwork in organizations, the study of leadership in organizations, new forms of work and organization, and the phenomenon of work in a social context. This book is intended to be of relevance and interest to both academics and practitioners in the field of work and organizational psychology.
Does collective bargaining play a role in employment in the European Union today? The European Employment Strategy implemented in the European Union since 1997 invites social partners in all member states to participate in the promotion of employment at all levels. Is this the role of trade unions and employers organisations? Do social partners in the member states negotiate employment? Do they contribute to an objective of full employment? Do they want to improve 'employability'? Do they, finally, negotiate and reach agreements on such issues? Building on a in-depth study conducted by a European-scale network of experts for the DG Employment and Social Affairs of the European Commission, this report addresses these crucial issues. It analyses processes of collective bargaining and agreements on employment in the fifteen member states in 2000 and 2001. It includes national insights as well as comparative analyses of current trends. Researchers at the Institut des Sciences du Travail, a Department of the Catholic University of Louvain, here produce a fourth review of recent developments observed in the field of employment bargaining in Europe. This analysis, which has been conducted at the request of DG Employment and Social Affairs, focuses on agreements negotiated in the field of employment, and on the identification of the coordination mechanisms that structure these negotiations. The study contains 15 national contributions.
Since 2007 and the economic meltdown caused by the financial crisis, our societies have been evolving in different ways. New political movements have emerged in Southern Europe and new social movements in pursuit of common concerns are playing a more active role in our daily lives. In a parallel way, after the failure to predict the financial crisis, economist and social science researchers seek fresh thinking and new models that can better explain this new reality. Regulations are of critical importance in shaping the welfare of economies and society. Thus, core legal disciplines are exploring the effects of the financial crisis on social rights, labour market regulations, and civil, common law or international law, among others. With no doubt, the economic crisis has deeply impacted our economic, social, political and legal environment. During the last decade, researchers from a wide range of disciplines have been looking for solutions. Now it is time make a side stop on the way and to gather results. The 1rst International SBRLab Conference, Finding solutions for a post-crisis society, is organized by the Social and Business Research Lab (SBRLab), Universitat Rovira i Virgili. It is as an international and virtual meeting point of interdisciplinary research and researchers. The purpose of this international conference is to bring together researchers from management, economics, political, social and legal disciplines in order to present and discuss new trends in their respective fields.
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).