VP/2015/004/0145
NEIRE 3
Descrição

Social dialogue is an essential instrument within the EC to prevent and regulate relations between employers and employees. Within the EC conflicts at organizational level regularly escalate at high costs, and therefore member states offer different third party interventions and mediation services to solve these conflicts. The EC promotes mediation and other forms of non-judicial conflict resolution. However, there is a lack of knowledge about a) the actual functioning of these services; b) the conditions to promote the use of mediation; c) the antecedents of effective mediation interventions. Especially for collective labor conflicts, the structuring of third party support and mediation services in itself are important elements of social dialogue. Partners feel the need to innovate social dialogue. One of the components for innovation is supporting social partners at organizational level, especially when negotiations are stuck, agreements cannot be reached, or rights are not respected, and conflict escalation might occur. Different member states have different traditions in providing such mediation assistance. However, actual knowledge on how this functions and how to further develop lacks. Are the structures adequate, accessible, and acceptable to conflicting parties in collective organizational conflicts? How do the formal structures relate to the use of independent consultants offering facilitation and mediation services? What are limitations to the use of mediation, and how can ‘preventive mediation’ be used to de-escalate in an early stage conflicts within organizations between management and labor? These questions are at the heart of further development of social dialogue in Europe, and this study aims to compare the experiences in different member states, in a search for good practices, inspiring social partners and governments of member states to promote mediation, both as prevention and conflict intervention.

Desafio

The overall goal of this project is to evaluate the effectiveness of mediation as a tool for collective labour conflict resolution and strengthening of  social dialogue, by assessing the effectiveness of mediation from a double perspective: structural and functional. From the structural perspective mediation systems will be described, compared and analysed to see how they meet the requirements established by the European Mediation Directive.  From the functional perspective, Blanpain (2011) establishes that legal comparatives require comparing functions and not institutions because similar institutions may develop different functions in each country.

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 [COM (2012) 173].

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 [COM(2013) 690].

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.

Impacto Investigação Académica

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 [COM (2012) 173].

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 [COM(2013) 690].

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 project will allow to deliver:

- A book in published open access in Springer’s series “Industrial Relations and Conflict Management’ about “mediating collective labor conflicts in Europe”.

- An report for the EC on development and promotion of mediation in collective labor conflicts within the EC, based on comparative analysis of 12 member states

- A report for each country on the effectiveness of the system of mediation and lines of improvements.

- 12 seminars in each country for discussions with the authorities about the system of mediation and improvements.

- Materials and good practices on website

- Promotion of mediation in collective labor conflicts through (social) media

- At least 7 papers in high impact journals.

- At least 7 papers about the project in professional journals

- At least 15 presentations at international conferences.

Impacto Social e Económico

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 [COM (2012) 173].

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 [COM(2013) 690].

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.

Parceiros Internos
Centro de Investigação Grupo de Investigação Papel no Projeto Data de Início Data de Fim
UNIDE-IUL -- Parceiro 2016-05-01 2018-04-30
Parceiros Externos
Instituição País Papel no Projeto Data de Início Data de Fim
KATHOLIEKE UNIVERSITEIT LEUVEN (KU LEUVEN) Bélgica Líder 2016-05-01 2018-04-30
IESEG School of Management (IESEG) França Parceiro 2016-05-01 2018-04-30
TALLIN UNIVERSITY OF TECHNOLOGY (TUT) Estónia Parceiro 2016-05-01 2018-04-30
Westfaelische Wilhems-Universitaet Muenster (WWU) Alemanha Parceiro 2016-05-01 2018-04-30
Teamarbejdsliv aps (Teamarbejdsliv aps) Dinamarca Parceiro 2016-05-01 2018-04-30
ESSEC Business School (ESSEC) França Parceiro 2016-05-01 2018-04-30
UNIDE-IUL (UNIDE-IUL, ISCTE-IUL) Portugal Parceiro 2016-05-01 2018-04-30
Bruno Visentini Foundation (FBV) Itália Parceiro 2016-05-01 2018-04-30
UNIVERSIDAD DE SEVILLA (USE) Espanha Parceiro 2016-05-01 2018-04-30
University of Edinburgh Business School (University of Edinburgh) Reino Unido Parceiro 2016-05-01 2018-04-30
University of Maastricht business school (UM) Países Baixos (Holanda) Parceiro 2016-05-01 2018-04-30
University Silesia (University Silesia) Polónia Parceiro 2016-05-01 2018-04-30
University of Bucharest (University of Bucharest) Roménia Parceiro 2016-05-01 2018-04-30
Equipa de Projeto
Nome Afiliação Papel no Projeto Data de Início Data de Fim
Ana Margarida Soares Lopes Passos UNIDE-IUL [Comportamento Organizacional e Recursos Humanos] Investigadora 2016-05-01 2018-04-30
Financiamentos do Projeto

Não foram encontrados registos.

Outputs (Publicações)

Não foram encontrados registos.

Outputs (Outros)

Não foram encontrados registos.

Ficheiros do projeto

Não foram encontrados registos.

Com o objetivo de aumentar a investigação direcionada para o cumprimento dos Objetivos do Desenvolvimento Sustentável para 2030 das Nações Unidas, é disponibilizada no Ciência-IUL a possibilidade de associação, quando aplicável, dos projetos científicos aos Objetivos do Desenvolvimento Sustentável. Estes são os Objetivos do Desenvolvimento Sustentável identificados para este projeto. Para uma informação detalhada dos Objetivos do Desenvolvimento Sustentável, clique aqui.

NEIRE 3
2016-05-01
2018-04-30