- 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
In New Zealand, there has been a long tradition of collectivism and state provision of employment dispute resolution processes, including facilitated bargaining, mediation, conciliation, and arbitration. However, the neoliberal policy shift from the mid-1980s and onwards prompted a move from collectivism to individualism, including a rise in individual employment agreements, personal grievances, and formal legal advocacy. In spite of recent legislative change with a renewed emphasis on collectivism and state provision of flexible, informal alternative dispute resolution (ADR) processes, individual grievances—especially concerning employment termination—have continued to dominate the cases lodged at the employment institutions. The chapter highlights a fundamental tension between flexible, informal dispute resolution and pressures for more legal certainty and formalized, legal processes. We also note the imbalance of power in the employment relationship and the exclusion of some vulnerable workers from the full suite of dispute resolution processes.
Erling Rasmussen is the Professor of Work and Employment at the Auckland University of Technology, New Zealand. He has worked in employment relations in academia, and the public and private sectors since the late 1970s. He has extensive experience of employment relations research, public policy formation and evaluation, including involvement in the development of New Zealand legislation and in externally funded New Zealand and international research projects.
Gaye Greenwood is Senior Lecturer in the Faculty of Business and Law, Auckland University of Technology. She is a registered mediator with experience in negotiation, communication coaching, and mediation of employment relationship problems in education, health, franchise, and small business sectors. She specializes in research and teaching in negotiation and conflict management.
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