Third Party Interventions in Collective Conflicts Insights from European systems

Facilitation, Conciliation, Mediation, Arbitration…..what is in a name? erminology is confusing and inconsistent throughout the European countries

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Facilitation, Conciliation, Mediation, Arbitration…..what is in a name? Terminology is confusing and inconsistent throughout the European countries

The 3-R model of Mediation

Stages of conflict and interventions

Data collection in 12 EC member states

Different legislations

Conciliation and mediation is organized very differently around EC Governmental mediation office Procedures to request Who mediates Double roles Training of mediators Variety is the spice of life

Level of development Large variety in quality: UK + IT -

Use of conciliation and mediation Frequency Motives of parties Use in different stages

Evaluations of the systems There is a great need of more evaluation of mediation systems and practices (except for UK)

3rd parties come in (too) late Conciliation and Mediation now focusses mostly on pre- strike phases of conflict

Resistance There is resistance to mediation and external facilitation from both sides, employers and unions, who consider this their territory

Promotion of facilitation There is a trend towards more use of early stage ‘facilitation’  (UK, DN, NTH)

Rigid systems The mediation approaches used in the systems, particularly in continental Europe, are relatively ‘old fashioned’, rigid, and agentic That’s an old fashioned by the way

New roles of unions Growth of mediation seems to go parallel with the decreasing power and new roles of unions

Motivation of the parties to negotiate Threat of strike increases probability to reach agreement

Growing need for 3rd parties Decentralization of labor relations creates more conflict at organizational level and more need for conflict resolution of collective conflicts through cooperative means, such as facilitation and mediation

Facilitate interest based bargaining Mediation shows good results. Particularly the use of facilitative and problem solving approaches

What in escalated conflict? Mediation takes the form of recommendations (evaluative mediation), or becomes arbitration (Med-Arb)

Can we be of help? There is substantial room for improvement of the use of facilitation and mediation in Europe

Investing in mediation pays off Preventive mediation and early stage facilitation is needed Training in negotiation attitude & skills; promoting social dialogue, culture of cooperation, etc)

Follow up on the agreements A systematic follow up on the agreements and compliance to these agreements is often lacking

Repairing damages Post-conflict rebuilding of trust is needed, and lacking in almost every country

Who do we need? Special agents Stronger and more direct involvement of primary conflict parties in mediation is recommended, to empower and rebuild relations at company level

Solving collective conflicts EC should continue to promote facilitation and mediation, through exchange of good practices, raising awareness among the stakeholders, developing a strategic vision on conflict management, and providing instruments to evaluate and monitor use and efficiency

What is needed…. Shared framework Formal way of evaluating More time for each mediation More professional & well trained mediators

More needs…. Prevention obligation : monitor danger signals in the social climate Post crisis reconstruction with help of third-party Taylor-made interventions Promotion of third party assistance in different stages

Trust and trustworthiness based on perceived: Competences Benevolence Integrity Consistency Being a regulator, it is not evident to develop a trusting relation. To be trustworthy, four components are essential. This is highly relevant for you, in your role, as well as how others perceive each other. When communication shows tensions, or lack of interest, usually addressing these issues can open up to another level of conversation

Industrial Relations & Conflict Management Series Editors: Euwema & Munduate