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Book part
Publication date: 14 April 2016

Michal Alberstein

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive…

Abstract

The paper articulates common organizing narratives which recur within alternative movements in law, and posits the art of dispute resolution as an experimental reconstructive methodology for engaging conflicts, while incorporating a critique of classical liberal thought. The paper offers a reading of conflict resolution approaches, including Alternative Dispute Resolution; Therapeutic Jurisprudence; Restorative Justice, and Transitional Justice, in search of a new legal culture or jurisprudence which emerges from the following narratives: emphasis on process; emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying layer; emphasis on relationship and acknowledgment of emotions; community work and bottom-up development.

Book part
Publication date: 30 December 2004

Alexander J.S. Colvin

This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have…

Abstract

This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have been an important area of study in the field of industrial relations, research on dispute resolution procedures in nonunion workplaces has lagged behind. As a result, our knowledge of the development of nonunion procedures remains relatively limited. Similarly, with a few noteworthy exceptions (e.g. Lewin, 1987, 1990), our knowledge of workplace grievance activity is almost entirely based on research conducted in unionized settings. Given the major differences in the institutional contexts of union and nonunion workplaces in the United States, existing ideas about workplace dispute resolution developed in the unionized setting will likely require significant modification in order to understand dispute resolution procedures and activity in the nonunion workplace. Issues relating to dispute resolution in the nonunion workplace are of increasing importance to public policy given the combination of continued stagnation in levels of union representation and mounting concerns over rising levels of employment litigation in the courts. Knowing what nonunion dispute resolution procedures look like and how they function will help answer the question of what role these procedures may play in the future governance of the workplace.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-305-1

Book part
Publication date: 17 December 2008

Jessica L. Collett

Since its inception in the 1970s, procedural justice has taken center stage in research on the outcomes of alternative dispute resolution. Such perceptions of procedural fairness…

Abstract

Since its inception in the 1970s, procedural justice has taken center stage in research on the outcomes of alternative dispute resolution. Such perceptions of procedural fairness, while important, are fairly transient whereas relationships between disputants endure. In the following chapter I argue that more research should explore the relational outcomes of dispute resolution, highlighting relevant insight from social exchange and organizational behavior on affect, attribution, and conflict. In discussing how each can add to the study of alternative dispute resolution, a paradox emerges – arbitration may be better for ongoing relationships than mediation, although the latter is considered more procedurally just.

Details

Justice
Type: Book
ISBN: 978-1-84855-104-6

Book part
Publication date: 2 February 2018

Jonathan Hamberger

There has been considerable research into different approaches to workplace dispute resolution in the United States (US), the United Kingdom (UK), and to a lesser extent other…

Abstract

There has been considerable research into different approaches to workplace dispute resolution in the United States (US), the United Kingdom (UK), and to a lesser extent other English-speaking countries. This chapter considers what guidance this research can provide into the practical implications of these different approaches.

One frame of reference for evaluating different approaches to workplace dispute resolution is provided by Budd’s three objectives of the employment relationship: equity, voice and efficiency.

While dispute resolution procedures can contribute to all three objectives, there can be negative consequences for employees who make use of formal workplace dispute resolution procedures. It is desirable that workplace disputes be resolved quickly and informally.

Such an approach places considerable weight on the skills of line managers. Unfortunately, there is evidence of a preference among line managers to replace pragmatic approaches to conflict resolution with a rigid adherence to process and procedure. This is partly due to a lack of skills, but is often compounded by inadequate support from senior management.

While it is important for organisations to have formal workplace dispute resolution procedures, the focus should be on line managers. The role of human resources staff and senior management should primarily be to monitor the dispute resolution system, ensure that it is operating effectively and deal with any emerging issues. They should ensure appropriate training is in place and provide appropriate support to line managers. Only when line managers have failed to resolve disputes should they become directly involved.

Details

Advances in Industrial and Labor Relations, 2017: Shifts in Workplace Voice, Justice, Negotiation and Conflict Resolution in Contemporary Workplaces
Type: Book
ISBN: 978-1-78743-486-8

Keywords

Book part
Publication date: 19 July 2016

Ariel C. Avgar

This chapter explores the adoption and implementation of a conflict management system (CMS) in a hospital setting. In particular, it uncovers the different motivations and…

Abstract

Purpose

This chapter explores the adoption and implementation of a conflict management system (CMS) in a hospital setting. In particular, it uncovers the different motivations and challenges associated with a CMS across various stakeholders within the organization.

Methodology/approach

The chapter is based on qualitative research conducted in a large American hospital that adopted and implemented a CMS over the course of 15 months. The author conducted extensive interviews with stakeholders across the organization, including top management, union leaders, middle managers, clinicians, and frontline staff. Findings are also based on an array of observations, including stakeholder meetings and conflict management sessions.

Findings

The case study demonstrates the centrality of underexplored, generalizable, and industry-specific pressures that may lead organizations to reconsider their use of traditional dispute resolution practices and to institute a CMS. It also highlights the inherent organizational ambivalence toward the design and adoption, initiation and implementation, and routine use of a CMS and it documents the different types of outcomes delivered to various stakeholders.

Originality/value

The chapter provides a nuanced portrait of the antecedents to and consequences of the transformation of conflict management within one organization. It contributes to the existing body of research exploring the 30-year rise of alternative dispute resolution and CMSs in a growing proportion of firms in the United States. The use of an in-depth case-study method to examine this CMS experience offers a number of important insights, particularly regarding different stakeholder motivations and outcomes.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Book part
Publication date: 19 November 2019

Paulo Marzionna

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to…

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.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-83909-192-6

Keywords

Book part
Publication date: 10 July 2019

Marilena Chrysanthakopoulou

The Belt and Road Initiative (BRI) is endeavor of paramount importance that is likely to redefine socio-economic relations in countries and regions concerned. The debate on BRI’s…

Abstract

The Belt and Road Initiative (BRI) is endeavor of paramount importance that is likely to redefine socio-economic relations in countries and regions concerned. The debate on BRI’s relevance, scope, and potential has only begun, and it remains uncertain how exactly it will unfold. In this context, questions pertinent to regulatory frameworks in the context of which BRI initiatives are implemented belong to the most complex and the most interesting ones. Due to BRI’s novelty and open-endedness, all matters pertaining to its implementation are of exploratory nature; especially the legal aspects of its implementation. This aim of this chapter is to provide insightful answers to legal questions regarding BRI and dispute resolution via the examination of the current legal status of BRI, as well as explore how trust and cultural awareness can contribute to the avoidance of business-related disputes.

Details

The New Silk Road Leads through the Arab Peninsula: Mastering Global Business and Innovation
Type: Book
ISBN: 978-1-78756-680-4

Abstract

Details

How Mediation Works
Type: Book
ISBN: 978-1-78714-223-7

Book part
Publication date: 19 July 2016

William K. Roche and Colman Higgins

The purpose of this chapter is to examine the genesis, operation, and effects of a dispute resolution body known as the National Implementation Body (NIB). The NIB was established…

Abstract

Purpose

The purpose of this chapter is to examine the genesis, operation, and effects of a dispute resolution body known as the National Implementation Body (NIB). The NIB was established by employers, unions, and the State in Ireland and was active between 2000 and 2009. It recorded significant success in resolving major disputes. A distinctive feature of the NIB was its networked character: the body involved key employer and union leaders and senior public servants, who exerted informal pressure on the parties in dispute to reach a settlement either within the NIB process itself or in the State’s mainstream dispute resolution agencies.

Research Methods

The research draws on case studies of disputes and interviews with key members of the NIB.

Findings

The findings reveal how the NIB mobilized networks to resolve a series of major disputes that threatened to derail national pay agreements or cause significant economic disruption.

Originality/value

The chapter examines the operation of networked dispute resolution in detail and considers the wider implications of networked dispute resolution in both Continental European and other Anglo-American countries.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Book part
Publication date: 28 August 2007

Donald E. Conlon, Christopher J. Meyer, Anne L. Lytle and Harold W. Willaby

In this article, we focus on alternative dispute resolution procedures, in particular third party procedures. We describe eight different procedures and provide examples of how…

Abstract

In this article, we focus on alternative dispute resolution procedures, in particular third party procedures. We describe eight different procedures and provide examples of how these procedures are used in different cultural contexts. We then evaluate the procedures in terms of how they impact four key criteria that have been noted in the literature related to negotiation: process criteria, settlement criteria, issue-related criteria, and relationship criteria. We subsequently explore the potential impact of culture on evaluations of these criteria. We finish with a discussion of future directions for research and practice, emphasizing that procedural recommendations should be made carefully when the criteria for effectiveness and applicability are derived from US-centric research. In other words, there is not “one best choice” for third party procedures universal to the myriad cultures on our planet.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-0-7623-1432-4

1 – 10 of over 1000