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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…

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

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Article
Publication date: 1 June 2005

Fodhla McGrane, John Wilson and Tommy Cammock

Leaders are challenged with the efficient and effective management of their own and their employees’ disputes. These are often managed inadequately using “fight”…

Abstract

Purpose

Leaders are challenged with the efficient and effective management of their own and their employees’ disputes. These are often managed inadequately using “fight”, “flight”, or management intervention. This paper aims to present the findings of a study into an effective alternative, “one‐to‐one dispute resolution”. The method involves two employees resolving their dispute through face‐to‐face communication and without direct intervention by management.

Design/methodology/approach

Using the Critical Incident Technique, incidents of one‐to‐one dispute resolution (n =249) were reported by 88 employees. The contents were analysed, and skill‐related findings were validated using a questionnaire (n =106).

Findings

The findings are presented in a descriptive model of the skilful process of one‐to‐one dispute resolution. The model is built on eight skill‐sets that were central to the dispute resolution process.

Research limitations/implications

How and when to effectively coach employees in the use of one‐to‐one dispute resolution, and the resulting personal and organisational outcomes, need to be examined. In addition, research into the practical application of the model, and in specific organisational contexts, is required.

Practical implications

The study highlights the potential for more employees (including both the leaders and the led) to effectively “face” their own disputes without using “fight” or “flight”. It challenges those leaders, who often act as third‐party interveners, instead to coach their employees in the one‐to‐one resolution of disputes, while modelling the method themselves.

Originality/value

Employees are offered a research‐based model of dispute resolution that differs from problematic models in the dispute resolution literature and skills‐training programs. A workable alternative to the methods of fight, flight and intervention is provided.

Details

Leadership & Organization Development Journal, vol. 26 no. 4
Type: Research Article
ISSN: 0143-7739

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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…

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

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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…

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

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 8 February 2016

Umar A. Oseni and Abu Umar Faruq Ahmad

The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of…

Abstract

Purpose

The paper aims to examine significant developments in the institutional framework for dispute resolution in the Islamic finance industry in Malaysia. Malaysia, as part of its efforts to consolidate its enviable Islamic finance industry, has strengthened its institutional framework for dispute resolution.

Design/methodology/approach

Data for this study were collected from both primary and secondary legal sources. Through a conceptual legal analysis, the institutional frameworks of dispute resolution in the Malaysia’s Islamic finance industry are studied.

Findings

The study finds that Malaysia is far ahead of other jurisdictions by a significant margin in spearheading reforms in the emerging global Islamic finance industry. The dispute resolution framework has been largely affected by the recent reforms.

Research limitations/implications

Other jurisdictions may borrow a leaf from Malaysia’s initiative in providing a robust legal framework for dispute management in the Islamic finance industry.

Practical implications

Apart from adopting Malaysia’s framework and possibly adapting it to suit their specific local variations, other jurisdictions may also encourage Islamic financial institutions to incorporate effective dispute resolution processes in Islamic finance contracts.

Originality value

This study critically discussed most recent developments in the institutional framework on dispute resolution in the Islamic finance industry in Malaysia.

Details

International Journal of Law and Management, vol. 58 no. 1
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 29 June 2012

Heap‐Yih Chong and Rosli Mohamad Zin

The purpose of this research is to discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of…

Abstract

Purpose

The purpose of this research is to discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of dispute resolution methods using factor analysis approach.

Design/methodology/approach

Preliminary interviews and a questionnaire survey were conducted. Dispute resolution methods were grouped and discussed together, based on the similarity of their characteristics, and used for the questionnaire survey. This research approach is different from the earlier studies that mostly focused on a single dispute resolution method. The data were further analyzed with factor analysis. This improved the data interpretation.

Findings

Seven latent factors were extracted and revealed that the contractors and developers preferred alternative dispute resolution (ADR). However, the appreciation of the outcomes of ADR was perceived to be very low. Arbitration and litigation were in part accepted and agreed upon by the respondents.

Originality/value

The combined results from the literature review on the stages of dispute resolution and the latent factors affecting the selection of dispute resolution methods could assist in decision making. The selection of ADR or non‐ADR itself is not a major issue; rather, there is a concern for increased efficiency and an appreciation of the methods in the construction industry are more demanding.

Details

Engineering, Construction and Architectural Management, vol. 19 no. 4
Type: Research Article
ISSN: 0969-9988

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Article
Publication date: 13 April 2015

Umar Aimhanosi Oseni

The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore…

Abstract

Purpose

The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries.

Design/methodology/approach

This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court.

Findings

The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region.

Practical implications

An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives.

Originality/value

As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.

Details

International Journal of Conflict Management, vol. 26 no. 2
Type: Research Article
ISSN: 1044-4068

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Article
Publication date: 13 July 2007

Carol Reade and Mark Reade McKenna

The purpose of this article is to propose a conceptual framework for elucidating cross‐cultural paradoxes in dispute resolution and present a case study of a hybrid…

Abstract

Purpose

The purpose of this article is to propose a conceptual framework for elucidating cross‐cultural paradoxes in dispute resolution and present a case study of a hybrid process that combines aspects of interest‐based mediation and indigenous dispute resolution in order to inform the design of conflict management systems in multinational enterprises (MNEs). Design/methodology/approach – A case study approach utilizing participant observation and informant feedback is used to present an organizational intervention in the Sri Lankan subsidiary of a European MNE. Discussion of the case is framed by theories of culture and conflict and a literature review of indigenous dispute resolution in Sri Lanka. Findings – The case illustrates how one MNE developed a culturally appropriate conflict management system in its subsidiary by crafting an innovative, informal channel for managing conflict and systematically embedding it into the organization alongside its formal conflict management process. Research limitations/implications – The case study approach limits the generalizability of the results. Future research should include a larger sample of countries, organizations, and dispute resolution practices, and incorporate feedback from employees to better assess the efficacy of the intervention. Practical implications – MNEs have an untapped opportunity to develop innovative approaches for managing conflict in their subsidiaries by melding interest‐based and indigenous mediation processes to develop culturally appropriate conflict management systems. Originality/value – This paper contributes to the literatures on cross‐cultural conflict management and conflict management systems design by presenting an innovative approach to the application of hybrid dispute resolution mechanisms in MNEs. This study provides valuable insights for international managers, conflict systems design practitioners, and cross‐cultural conflict scholars.

Details

International Journal of Conflict Management, vol. 18 no. 2
Type: Research Article
ISSN: 1044-4068

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Article
Publication date: 15 February 2008

Jean Poitras and Aurélia Le Tareau

The purpose of this paper is to explore the influence of conflict management on conflicts at work. Design/methodology/approach – A total of 148 post‐graduate students in…

Abstract

Purpose

The purpose of this paper is to explore the influence of conflict management on conflicts at work. Design/methodology/approach – A total of 148 post‐graduate students in management responded to a questionnaire online. Two cluster analyses were performed to identify dispute resolution patterns and organizational dispute states. Then, cross tabulation between the two clusters was performed (Pearson's chi‐square coefficient and Sommer's D statistic). Findings – Cluster analyses identified three styles of dispute resolution pattern – interest‐based, based on controlled power, and power‐based – and three different organizational dispute states: harmony, dissonance, and conflict. Finally, the influence of resolution patterns on dispute states was been confirmed by the cross tabulation. Research limitations/implications – Firstly, Ury et al.'s theoretical typology should be revised, especially for the rights‐based approach. Secondly, the results of our cluster analysis indicate that it might not be necessary to measure the emotional and behavioral dimension of conflict separately. Thirdly, our research confirms the impact of conflict management on conflicts at work. Practical implications – The results show that dispute resolution patterns have a non‐negligible influence on organizational conflict states. In order to increase the likelihood of a harmony state, an interest‐based dispute resolution pattern should be adopted. Originality/value – First, the statistical technique used – cluster analysis – is somewhat innovative. Secondly, this research shows that dispute resolution patterns may affect organizational dispute states.

Details

International Journal of Conflict Management, vol. 19 no. 1
Type: Research Article
ISSN: 1044-4068

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