- List of Figures
- List of Tables
- List of Contributors
- Introduction: Developments in Conflict Management
- Introduction to Part 1
- The Goals and Assumptions of Conflict Management in Organizations
- Labor-Managment conflict: Where it Comes From, Why it Varies, and What it Means for Conflict Management Systems
- Employment Rights and Workplace Conflict: A Governance Perspective
- HRM and Conflict Management
- Introduction to Part 2
- Collective Bargaining and Grievance Procedures
- Third-Party Processes in Employment Disputes
- Interest-Based Bargaining
- Grievance Procedures in Non-union Firms
- Workplace Mediation
- The Organizational Ombudsman
- Line Managers and Workplace Conflict
- Conflict Management Systems
- Introduction to Part 3
- Using Mediation to Manage Conflict at the United States Postal Service
- The Evolution of a Labor-Management Partnership: The Case of Kaiser Permanente and the Coalition of Kaiser Permanente Unions
- “MED+ARB” in the New Zealand Police
- Experiences of Judicial Mediation in Employment Tribunals
- Introduction to Part 4
- Conflict Resolution in Germany
- Conflict Resolution in Japan
- Conflict Resolution in the United States
- Conflict Management in Australia
- Conflict Resolution in New Zealand
- Conflict Resolution in the United Kingdom
- Conflict Resolution in China
Abstract and Keywords
The focus of this chapter is on judicial mediation—that is, mediation undertaken by judges—in the UK Employment Tribunal (labor court) system. After reviewing the broader judicial mediation literature and issues in relation to ethics and outcomes, the main part of the chapter describes the context, design, and evaluation of a pilot undertaken in three regions of the UK involving a facilitative mediation style. In addition to reviewing earlier findings from the project, new evidence from survey questionnaires is presented shedding light in particular on demographic variations in “tribunal avoidance rates,” a key measure of policy success. Conclusions and wider implications for alternative dispute resolution (ADR) are explored in light of the evidence that the measure involved additional costs and no statistically significant impact of the intervention could be identified.
Peter Urwin is Professor of Applied Economics and Director of the Centre for Employment Research at the University of Westminster Business School. Peter has a particular focus on the issues faced by government policymakers in the areas of employment relations, education and skills, equality and diversity. He has carried out research for most of the major UK government departments. His work with Acas and other agencies has appeared in a range of policy publications and academic journals.
Paul L. Latreille is Professor of Management at the University of Sheffield. He holds a visiting position at Westminster Business School’s Centre for Employment Research, is Research Fellow of the IZA, Bonn, and Associate of the Economics Network. He is an editorial board member for Work, Employment and Society and serves on the Professional Mediators’ Association advisory group. His main research interests are in applied labor economics and employment relations, focusing on workplace conflict, mediation, and employment tribunals. He has published extensively for both academic and policy audiences and has led and/or been involved in projects on these issues for various bodies including the ESRC, the Department for Business, Innovation and Skills, the Ministry of Justice and Acas.
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