Mediation system effectiveness for collective organizational conflicts: A comparative study in Europe
Aurélien Colson, Alan Jenkins et Christian Thuderoz, membres de l’équipe de
NÉGO LAB, participent au projet européen NEIRE 3, New Industrial Relations, dont le troisième volet est consacré aux questions de médiation des conflits collectifs de travail.
Le consortium regroupe des équipes issues des universités d’Edimbourg (Royaume-Uni), Bucarest (Roumanie), Maastricht (Pays-Bas), Séville (Espagne), Lisbonne (Portugal), Talin (Estonie), Slasky-Katowice (Pologne), Münster (Allemagne), de l’ESSEC et de l’IESG (France) et de la Fondation Bruno Visentini (Italie).
Extrait du projet de recherche :
“This action contributes to (a) the EC policy making in promoting constructive social dialogue; (b) national policy making in relation to preventing and managing costly and escalating collective labour conflicts; and (c) mediation institutions at European and national levels in the following ways:
1. To improve knowledge of mediation as a means for conflict resolution in collective labour issues,
2. To exchange information on the impact of mediation as a means for regulating and strengthening social dialogue across Europe and create expertise in effective design of mediation centred dispute resolution mechanisms for employment disputes and cooperative dialogue in the industrial relations.
3. To improve the understanding of mediation as a means for strengthening social dialogue and innovative and creative solutions for conflict resolution and promote the exchange of good practices in the use of mediation.
4. To raise awareness of mediation as a means for social partners empowerment to adopt both flexible and secure measures (flexicurity) at the company level capable to adapt the employment situation to the changes and challenges of the market. Related to the New Skills and New Job Agenda [COM(2010) 682].
5. To foster the use of mediation as a way to find alternative measures to loss of jobs at the company level and creative measures to adapt in time of crisis. Related to the Europe 2020 Strategy.
6. To foster awareness in the use of mediation as a tool for enhancing labour market resilience and improvement of the quality of social dialogue. Related to the communication from the commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Towards a job-rich recovery.
7. To foster the use of mediation as a means for improving social partners coordination in the application of new employment policies. Related to the Communication on Strengthening the Social Dimension of the Economic and Monetary Union.
Furthermore, this project will benefit both the mediation institutions and national social dialogue in the following ways
1. Institutions will get specific information on how social partners experience mediation through their service their strengths and weaknesses. Through the organization of national workshops the research team will promote data driven discussions focused on possible ways to improve the design of mediation systems and services in order to match social partner´s expectations and enhance users satisfaction.
2. European Union interest in fostering social dialogue and involvement of social partners at both national and European level will be disseminated in 12 countries and thus national mediation institutions are encouraged to take an active role in strengthening social dialogue at every level.
3. The monitoring of the use of mediation as a means for strengthening social dialogue and constructive conflict resolution mechanisms will help to shed light on an important aspects of the current state, strengths and challenges of social dialogue across Europe.
The results of this research will be published in high impact journals and disseminated by elaborating printed and online material to be distributed among the mediation systems analyzed in participant member states. Actions include: (a) a handbook published in English in open access; (b) summary of the handbook with good practices in 11 European Languages; (c) a short report with main results for each participant country in its own language. All materials will be made available in the NEIRE website platform, as well as on websites of the partner institutions to offer free access to all EC member states, social partners, and mediation providers.
Moreover, an European seminar will be organized to organize patterns, strengths and weaknesses across the difference systems and strategies for improvement will be agreed, and different workshops in each country will be carried out in order to transfer the knowledge and ensure a multiplying effect.
Concept of variables:
Our studies are guided by a model, which serves the different goals of this project, that is describing the different systems, analyzing their effectiveness and comparing these, to promote effective use of mediation in collective labour conflicts. The model contains four steps. Central to the model is the decision by parties to use (or not use) mediation. The antecedents of such decision forms the second part of the model, and the effectiveness of mediation is the third part. Finally, the model addresses several factors which moderate the relations between antecedents, decision to use mediation, and the effectiveness.
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