Mediation, as a prominent 'alternative dispute resolution' (ADR) process, has been spreading across various legal jurisdictions in Australia and overseas. Because both the process and the outcome are seen to be 'owned' by the disputants, it has been assessed by Australian governments as being appropriate to the decentralised industrial relations systems developed in the 1990's. This led to proposals to create independent mediation services that would supplement the conciliation-arbitration service available in the Federal and South Australian industrial relation commissions. This study canvassed these proposals in light of the various benefits claimed for mediation and explored the confused usage of the terms mediation and conciliation in relation to industrial disputes. The specific focus, however, was to examine the possible effect of the imbalance of power inherent in the employer-employee relationship upon the fairness of outcome from mediation - and how the method of paying the mediator might impact upon this fairness. / Thesis (MConflictManagement)--University of South Australia, 2002.

Thesis (M.S.)--University of Wisconsin--Madison, 1971. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (doctoral) - Universität, Jena, 2006. / Includes bibliographical references (p. [175]-198).

Thesis (M. Soc. Sc.)--University of Hong Kong, 1981. / Cover title.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1981. / Also available in print.

Mediation, as a prominent 'alternative dispute resolution' (ADR) process, has been spreading across various legal jurisdictions in Australia and overseas. Because both the process and the outcome are seen to be 'owned' by the disputants, it has been assessed by Australian governments as being appropriate to the decentralised industrial relations systems developed in the 1990's. This led to proposals to create independent mediation services that would supplement the conciliation-arbitration service available in the Federal and South Australian industrial relation commissions. This study canvassed these proposals in light of the various benefits claimed for mediation and explored the confused usage of the terms mediation and conciliation in relation to industrial disputes. The specific focus, however, was to examine the possible effect of the imbalance of power inherent in the employer-employee relationship upon the fairness of outcome from mediation - and how the method of paying the mediator might impact upon this fairness. / thesis (MConflictManagement)--University of South Australia, 2002.

Orientador: Jose Dari Krein / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Economia / Made available in DSpace on 2018-08-11T02:12:19Z (GMT). No. of bitstreams: 1 Camilo_DeniseCorassa_M.pdf: 1488706 bytes, checksum: a33943803c1423273619abb98133454b (MD5) Previous issue date: 2008 / Resumo: Esta dissertação tem como objeto as Comissões de Conciliação Prévia. As Comissões de Conciliação são uma esfera privada de composição dos conflitos individuais do trabalho, organizadas e geridas pelos Sindicatos. Foram criadas com o objetivo de desafogar a Justiça do Trabalho e modernizar o sistema nacional de regulação das relações trabalhistas no Brasil. Elas se inserem no movimento mais geral de flexibilização dos direitos trabalhistas deflagrado no Brasil a partir dos anos 1990. A hipótese considerada é a de que as políticas e a ideologia neoliberal, o processo de abertura da economia e a reestruturação produtiva criaram um campo fértil para a flexibilização das relações de trabalho, e que isso só contribuiu para a retirada de direitos e para a precarização do trabalho. Nesse sentido, entende-se que as Comissões de Conciliação Prévia têm o objetivo de enfraquecer a regulação pública do trabalho, conferindo às empresas uma maior autonomia na determinação das condições de contratação, uso e remuneração da força de trabalho. O desenvolvimento do trabalho mostrou que as Comissões de Conciliação Prévia não contribuíram para a redução do número de demandas submetidas à apreciação da Justiça do Trabalho e que elas têm sido utilizadas como um mecanismo informal de eliminação das normas de proteção ao trabalho / Abstract: The purpose of this dissertation is to analysis the Previous Reconciliation Commissions. The Reconciliation Commissions are a private sphere of composition of work individual conflicts, wchich are organized and managed by the Labor Unions. The Commissions have been created to unclog the Labor Justice and to update the national system of regulation of the labour relantioships in Brazil. They are inserted in the more general moviment of flexibilization of the labour rigths iniciated in Brazil from the years 1990. The hypothesis took into consideration is that the neoliberal policy and ideology, the reopening of the economy and the productive reestruturation criated a fruitful field for the flexibilization of the labor relationships and it just contributed for the remove of the rigths and to the labor precariazition. In this sense, it is understood that the Previous Reconciliation Commissions have the purpose of weaken the public regulation of labor, which give the enterprises a bigger autonomy in the determinaton of hire conditions, use and remuneration of labor power. The labor development showed that the Previous Reconciliation Commissions didn¿t contribuate to the decrease of the number of prosecutions submited to appreciaton in the Labor Justice and that they have been used as a informal mechanism of elimination of the labor protaction rules / Mestrado / Economia Social e do Trabalho / Mestre em Desenvolvimento Econômico

This thesis examines the behavior of bargaining parties under a statutory scheme of compulsory conciliation. The statutory scheme used in the study is the basic pattern of conciliation effective in British Columbia from 1947 to 1968. Its general function is explained in a summarization of published criticisms of the process. A particular bargaining relationship -- that of the coast forest industry negotiations -- is examined on a historical and institutional basis to discover specific characteristics which would influence behavior under a conciliation process. Using this predicted pattern of interaction, a model of party behavior is constructed for the parties involved in actual negotiations. This is tested against a summarized chronology of the actual bargaining that occurred from 1947 to 1968. The model reveals the important sections within a system of compulsory conciliation which influence the behavior of the parties during negotiations. It also emphasizes the importance of the apparent fairness of the recommendation stage of conciliation and its value to the union as a tactical "watershed" for continued bargaining. The development of the dynamic process of party interaction in the coast forest industry emphasizes the importance of union internal or intra-organizational difficulties. It suggests the existence of a limit to the effectiveness of any bargaining system which does not control the desires of the union rank and file. With the dynamic process in mind, the analysis examines some of the influences that changing the statutory process would have upon the behavior of the parties. On this basis the actual significance or effectiveness of some past changes is analyzed and new changes are proposed. Too, the basic limits inherent in the compulsory conciliation system as a control over party behavior are emphasized. / Arts, Faculty of / Vancouver School of Economics / Graduate

published_or_final_version / Public Administration / Master / Master of Social Sciences

The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.