Project Details - Ciência_Iscte

Description

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.

Challenge

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.

Academic Research Impact