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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: 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: 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: 1 January 2006

Elizabeth A. Hoffmann

This study compares dispute resolution strategies of workers in hierarchical, conventional businesses with those of members of worker cooperatives – organizations in which all…

Abstract

This study compares dispute resolution strategies of workers in hierarchical, conventional businesses with those of members of worker cooperatives – organizations in which all workers co-own and co-manage the business. Drawing on data from three industries (coal mining, taxicab driving, and food distribution), this study finds some support for predictions in the literature that assert that the cooperative's flattened structure and egalitarian ideology will affect workers’ grievance resolution. Although the data do not indicate a single pattern in dispute resolution strategies (i.e., with all members of the cooperatives resolving their disputes one way and all non-cooperative employees using a different strategy), the data do demonstrate that, when comparing matched cooperative and conventional businesses within each industry, the worker cooperative members possess more dispute resolution strategies than their conventionally employed counterparts.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-470-6

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: 22 November 2012

Jonathan Hamberger

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances…

Abstract

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances. Legislation now requires that all enterprise agreements contain dispute settlement procedures (DSPs). While most large organisations have enterprise agreements – and therefore DSPs – there is very little empirical research into how and whether Australian organisations use these DSPs – let alone what broader role they may play in regulating the employer–employee relationship. This chapter seeks to provide answers to these questions.

This chapter presents the results of three case studies of large organisations: a bank, a retailer and a state government agency. These organisations have been chosen from a larger group of case studies to illustrate three approaches to the management of workplace disputes. The organisations share certain features such as: the effective use of workplace procedures to resolve the great majority of workplace disputes; and the adoption of a ‘dual system’ with internal grievance procedures playing a role alongside DSPs. However they vary considerably in their approach to dispute resolution. The Bank's ‘strategic’ approach involves a comprehensive conflict management system. The State government agency's ‘reactive’ approach to workplace conflict resolution gives a much greater role for third parties, while the Retailer's ‘pragmatic’ approach incorporates elements from both the other two approaches.

The chapter discusses the implications of this diversity of approach for human resource management, organisational justice and workplace relations.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-78190-378-0

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

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: 1 February 2009

James C. Hartigan

A principle reason for the inability of the General Agreements on Tariffs and Trade (GATT) to serve as the vehicle for international trade liberalization was that it was the…

Abstract

A principle reason for the inability of the General Agreements on Tariffs and Trade (GATT) to serve as the vehicle for international trade liberalization was that it was the protocol for the establishment of the International Trade Organization. It was never intended to become a functioning institution. As such, it did not have a well-designed system for the settlement of trade disputes. At least partially because the GATT was not intended to function as an institution, an arguably excessive reliance on consensus emerged as the vehicle for the resolution of trade disputes. A consensus to accept the recommendations of a dispute panel became the standard for resolution under the GATT. Because the defendant could always object to implementation of the panel's recommendation, thus denying consensus, successful resolution of disputes were relatively infrequent. In the 47 years, during which the GATT was the principle international trade forum, 101 panel reports were adopted. Given that it is possible to file disputes on the basis of nullification and impairment of expected benefits, which is a considerably weaker standard than the allegation of a legal breach, it is apparent that the ineffectiveness of the dispute resolution mechanism was a deterrent to the filing of complaints. As the GATT increased in membership and pressures to address increasingly complex trade issues (intellectual property rights and agricultural subsidies, for example) emerged, it became apparent that the GATT could be undermined by an inability to resolve disputes.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

Abstract

Details

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

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