Reframing workplace relations? Conflict resolution and mediation in a primary care trust

Abstract

Abstract

The key to system performance lies in implementation: empirical evidence from labor dispute data of Shanghai from 1918 to 1940

“…In labor dispute cases, there are two main methods to solve the problem: one is a formal system using legal proceedings, official mediation, or arbitration, and the other is an internal negotiation between labor and management, or a noncompulsory third party for mediation, which could be called informal systems. An informal system of dispute resolution is a good method to solve the problem in time, but it does not have compulsive power (Saundry, McArdle, & Thomas, 2013), and the result is largely affected by the difference in strength between the two parties. The formal system is legally binding, and it takes a long time due to complicated procedures where the government or official institutions need to play a role (Zhang & Cai, 2019).…”

Developing the conversation about workplace mediation

“…Mediation may be implemented in some organisations as a management process to control dissent and assert control (Colling, 2004) or a solution to the "problem" of conflict which must be eliminated (Budd and Colvin, 2008). Trust and confidence in mediation may be developed through discussions between senior HR managers, operational managers and trades union representatives (Banks & Saundry, 2010, Bingham 2004, Green 2005, Saundry et al, 2013. Organisational attitudes may also dictate whether participants have a choice of mediator (Bingham & Pitts 2002), the types of acceptable cases and the timeframe/process for suspension of grievances .…”

“…In the US, the rise of ADR is described as mirroring the erosion of collective labor regulation (Colvin, 2003) with some employers using practices such as mediation as a substitute for trade union voice (Olson-Buchanan and Boswell, 2008) and possibly a union avoidance tactic (Lipsky and Seeber, 2000). Unions may, therefore, view mediation with scepticism (Bleiman, 2008) although, in the US, there is some evidence of public sector unions embracing ADR (Robinson et al 2005) and in the UK active involvement in mediation potentially offers trade unions and their members an ability to ensure mediation is demand led (Bleiman, 2008) and to shape resolutions of individual employment disputes (Saundry et al, 2013).…”

“…For organisations, satisfaction beyond the resolution of individual conflict can include a fall in the number of informal complaints filed of 30% from their peak before the introduction of mediation and a decrease of 17 percent in formal complaints (Bingham, 2004). The UK government claim that the extension of mediation can help to develop organisational culture and high-trust relationships (BIS, 2011) and the introduction of mediation at a public health organisation provided a conduit through which workplace relations and the way in which conflict was managed could be reframed (Saundry et al 2013).…”

“…Workplace mediation is a form of early resolution and can be conducted more quickly than traditional processes (Bingham and Pitts, 2002), is more likely to restore the employment relationship and offers financial savings with costs five times lower than often lengthy grievance or disciplinary procedures as well as reducing the possibility of long-term absence and resignations (McDermott et al, 2000;Kressel, 2006: Goldberg, 2005Latreille, 2011;Saundry et al, 2013). Some of the UK evidence, however, suggests mediation is still seen as a last resort (CIPD, 2008).…”