1. Third Party Interventions in Collective Conflicts
Insights from European systems

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

3. Jean-Marc Janaillac CEO –Air France
Air France-KLM CEO Jean- Marc Janaillac launched a new consultation with Air France staff, putting his own job on the line in a bid to put an end to an ... The airline will now consult all staff on the “growth pact” agreement, with an electronic vote open from April 26 to early May

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

5. The 3-R model of Mediation

6. Stages of conflict and interventions

7. Data collection in 12 EC member states

8. Different legislations

9. 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

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

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

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

13. 3rd parties come in (too) late
Conciliation and Mediation now focusses mostly on pre- strike phases of conflict

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

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

16. 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

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

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

19. 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

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

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

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

23. 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)

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

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

26. 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

27. 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

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

29. 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

30. 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

31. Industrial Relations & Conflict Management
Series Editors: Euwema & Munduate