Complaining to the Ombudsman: Alternative Dispute Resolution in Brazilian Organizations

Abstract

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to study ADR due to its high level of institutionalized individual workplace conflicts and its extensive workplace statutory regulation. Investigating the case of three Brazilian private companies of different sectors and sizes, I found that Brazilian companies are developing their own ADR practices, focusing on ombudsman offices (OOs), instead of using the mediation and arbitration methods that are predominant in the United States. I argue that the adoption of the ombudsman can be explained by institutional and workplace level factors, which include the characteristics of Brazilian industrial relations system, each company’s human resources (HRs) strategy, and the relationship between companies and unions. Furthermore, I discuss how the usage rate of the OOs might vary according to the OO’s internal structure and its functioning rules. The cases provide important insights for scholars interested in ADR in general and in Brazilian industrial relations system, as well as union leaders, HR managers, and other practitioners dealing with workplace conflicts globally.

Citation

Marzionna, P. (2019), "Complaining to the Ombudsman: Alternative Dispute Resolution in Brazilian Organizations", Advances in Industrial and Labor Relations (Advances in Industrial & Labor Relations, Vol. 25), Emerald Publishing Limited, Leeds, pp. 7-37. https://doi.org/10.1108/S0742-618620190000025004