Mediation in Collective Labor Conflicts.
Main Author: | |
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Other Authors: | , , |
Format: | eBook |
Language: | English |
Published: |
Cham :
Springer International Publishing AG,
2019.
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Edition: | 1st ed. |
Series: | Industrial Relations and Conflict Management Series
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Subjects: | |
Online Access: | Click to View |
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.