Industrial Relations & Conflict Management
Series Editors
Martin C. Euwema
Faculty of Psychology and Educational Sciences, KU Leuven, Leuven, Belgium
Lourdes Munduate
Faculty of Psychology and Educational Sciences, University of Seville, Seville, Spain

Disseminating cutting edge theories and empirical research in the field of industrial relations and conflict management, from an interdisciplinary approach, and firmly based in theories on human behaviour in relation to work and organizations. Formally the series will publish monographs and contributed or edited volumes from leading psychology and other social sciences scholars. Specifically, the series integrates theories and research from industrial relations (sociology, business, law and psychology), with those on conflict management, mediation and more generally well-being and productive behaviour in the workplace. Volumes in this series respond to the demands of policymakers and the public, remaining relevant and applicable for science, industry and society. Delivering relevant research and conclusions from local, regional, national and international perspectives. The aim of the series is to contribute to cooperative and constructive relations in organizations at three levels: organizational level, team level and interpersonal level. The series will contribute to the existing academic research and literature by providing an advanced publication platform for improving the science of understanding industrial relations and conflict management. Publishing volumes which deliver valuable contributions from the range of developing perspectives on this subject.

More information about this series at http://​www.​springer.​com/​series/​13458

Editors
Martin C. Euwema, Francisco J. Medina, Ana Belén García and Erica Romero Pender
Mediation in Collective Labor Conflicts
Editors
Martin C. Euwema
Faculty of Psychology, KU Leuven, Leuven, Belgium
Francisco J. Medina
Faculty of Psychology, University of Sevilla, Seville, Spain
Ana Belén García
Department of Social Psychology, University of Sevilla, Seville, Spain
Erica Romero Pender
Department of Social Psychology, University of Sevilla, Seville, Spain
ISSN 2199-4544e-ISSN 2199-4552
Industrial Relations & Conflict Management
ISBN 978-3-319-92530-1e-ISBN 978-3-319-92531-8
Library of Congress Control Number: 2018968528
This book is an open access publication.
© The Editor(s) (if applicable) and The Author(s) 2019
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Introduction
Martin C. Euwema
Francisco J. Medina
Ana Belén García
Erica Romero Pender

Conflict is an inevitable part of working life in all its relations. Conflicts appear between individual colleagues, as well as between teams, departments, or between professional units. Of old, conflicts in the relation between employers and employees have received extensive attention and are at the basis of what is called ‘industrial relations’ or ‘labor relations’. Particularly, with the rise of large-scale industrialization in the nineteenth century, conflict between ‘capital’ and ‘labor’ has been a central theme, and according to many is of a fundamental nature. Others argue that not conflict, however, cooperation is at the core of industrial relations. Employers and employees negotiate freely an agreement, meeting each other’s interests. Negotiations can be made between individual workers and the employer (the so-called i-deals) and between collectives of workers (collective labor agreements). The negotiations can, however, get stuck and the conflicts of interest between employer and employees—or their representatives—can escalate. Power relations, more than mutual interests, might determine the conflict dynamics, resulting in deadlock, strikes, or layoffs. The tough negotiations, for example, in the case of Ryanair for several years, illustrate this. Strikes at different locations are countered by transferring airplanes and flights to other European countries. Collective conflicts also can occur when parties do not feel the agreement which is made, is kept. Such conflicts of rights (the perceived violation of one parties’ rights) have also received considerable attention, and many cases are brought to the labor courts, or to alternative forms of dispute resolution, such as mediation, arbitration, or conciliation. Here we are at the central topic of this volume. In academic literature mediation, or other forms of third-party intervention in collective labor conflicts have received surprisingly little attention. Surprising, for at least two reasons. First, the societal impact of escalating collective labor conflicts is large, with often serious ‘collateral damage’ for others than the primary parties. Second, the field of mediation and third-party intervention is developing rapidly in many domains, and receives more and more also academic attention. Mediation in collective labor conflicts, however, has been neglected mostly and has many different features compared to mediation in other domains, such as divorce mediation or mediation in individual labor conflicts. Mediation in collective labor conflict has a long and also institutionalized tradition. In most societies, the terminology is different, and is referred to this process as conciliation in labor disputes, as a relative informal process of facilitated negotiation. Alternatively, most societies have long traditions in forms of mediation/arbitration, where a committee of ‘wise persons’ organizes a hearing, investigates the case, and comes with recommendations to the conflicting parties on the content of the case. Such recommendations can, however not need to be, be binding for the parties. A large variety of third-party regulations and practices have emerged all around the globe. The ILO has done a great job in providing information on many such arrangements.

This handbook aims to provide an up to date and insight view of global regulations, practices, and recommendations for the further development of third-party assistance in collective labor conflicts.

The handbook consists of four parts.

Part I. Chapters 1 and 2 give an extensive introduction of the concepts and current literature. To this aim Chap. 1 offers a new model for the structural analysis of mediation in collective labor conflicts, while Chap. 2 offers a new model for the process analysis of the conflict and related third-party interventions.

Part II. In this part, the procedures and practices in 12 EC member states are presented. This part is the result of an EU-sponsored project investigating the state of the art in the EC. For that purpose, multi-method studies were conducted in each of these 12 countries, and the results condensate in the present volume. The cross-country comparison for these 12 chapters is presented in Chap. 15 .

Part III. In this part, five societies are presented with a rich tradition in mediation in labor relations and a highly dynamic and different tradition in industrial relations. With new studies from Australia, China, India, South-Africa, and the USA, this book covers most of the industrialized world.

Part IV consists of an integrative chapter, taking stock of the wide variety of practices and noting good practices and global trends. The chapter makes clear that mediation in collective labor conflicts is a widely used practice, with a need for further professionalization in many societies, to meet the needs of a changing labor force, changing organizations, and changing industrial relations.

We wish this book contributes to that professionalization, and thereby to the cooperative and innovative management of collective labor conflicts.

Contents

Part I General Framework for Interventions in Collective Labor Conflict
Ana Belén García, Erica Romero Pender, Francisco J. Medina and Martin C. Euwema
Erica Romero Pender, Ana Belén García, Francisco J. Medina and Martin C. Euwema
Part II Regulations and Practices of Mediation and Conciliation within the European Union
Tijs Besieux, Elisabet Lenaerts, Olivier Van Loo and Valerie Veldeman
Hans Jørgen Limborg, Ulrik Gensby and Søren Viemose
Alan Jenkins, Christian Thuderoz and Aurélien Colson
Barbara Kożusznik, Małgorzata Chrupała-Pniak and Michał Brol
Andreia Pinheiro, Ana Margarida Passos and Alan Stoleroff
Lourdes Munduate, Erica Romero Pender, Ana Belén García and Francisco J. Medina
Kristina Potočnik, Sara Chaudhry and Marta Bernal-Valencia
Patricia Elgoibar, Francisco J. Medina, Ana Garcia, Erica Romero Pender and Martin C. Euwema
Part III Regulations and Practices of Mediation and Conciliation Around the Globe
Part IV Taking Stock: From Intervention to Prevention in Collective Labor Conflicts
Martin C. Euwema, Ana Belén García, Erica Romero Pender and Francisco J. Medina