Waiting in the wings: Mediation's role in grievance resolution

Feuille, Peter; Kolb, Deborah M.

doi:10.1007/bf02184000

Cited by 2 publications

(3 citation statements)

References 16 publications

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“…This resonates with much of the existing mediation literature, both more generally (see, for example, Genn 1998; Boulle and Nesic 2001;Wall, Stark, and Standifer 2001;Mack 2003) and specifically in the employment arena (e.g. deLeon 1994;Conrad 1998;Balc 2002; and in the union grievance context Feuille 1992, cited in Feuille andKolb 1994), where such factors are regarded as significant, along with cost savings (e.g. Lipskey and Seeber 2001;Balc 2002; see also the survey of ADR processes in employment by McDermott 1995).…”

Section: Existing Evidence and Hypothesessupporting

confidence: 70%

Are you experienced? SME use of and attitudes towards workplace mediation

Latreille

Buscha

Conte

2012

The International Journal of Human Resource Management

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Workplace mediation is high on the British policy agenda. To date, however, despite growing awareness, organisational experience in Britain remains limited and the evidence base accordingly underdeveloped. This paper contributes to the debate by undertaking secondary quantitative analysis of an Acas Omnibus Poll of 500 SMEs. Two substantive issues are explored: the characteristics associated with previous experience of mediation in resolving workplace conflict; and the extent to which prior knowledge and experience of mediation in this context impact on a range of attitudinal variables. In respect of the former we find firm size to be important, while for the latter the data suggest attitudes are typically more positive among experienced firms. This is most notably true in relation to the perceived cost of mediation and (subject to a qualification) to its suitability for smaller firms, both of which are crucial drivers of the uptake of mediation among smaller organisations.

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Section: Existing Evidence and Hypothesessupporting

confidence: 70%

Are you experienced? SME use of and attitudes towards workplace mediation

Latreille

Buscha

Conte

2012

The International Journal of Human Resource Management

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“…The motives of the parties involved in the mediation process are rarely symmetrical (Feuille and Kolb, 1994). Court-referred mediation is asymmetrical as one disputantthe plaintiff -wants to change the status quo, while the other -the defendant -wants to maintain it; thus, the plaintiff often practically drags the defendant into court-referred mediation.…”

Section: The Prospect Theorymentioning

confidence: 99%

“…Watkins and Winter (1997) argue that in referred court mediation, mediators are well empowered, and often have a strong personal and court-related interest to achieve an agreement at all costs. As a result, court-referred mediation may not be a particularly durable technique for dispute resolution (Feuille and Kolb, 1994). In a completely voluntary case of mediation, disputants rely on the fair conduct of the chosen mediator and are willing to follow the mediator's "road map" to achieve a solution.…”

Section: Theory and Hypothesesmentioning

confidence: 99%

What makes court-referred mediation effective?

Galin

2014

International Journal of Conflict Management

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Purpose -The purpose of this paper is to obtain insight into court-referred mediation in the Israeli Labor Courts, by analyzing its processes and outcomes, as a function of tactics used by both the disputants and the mediator. Design/methodology/approach -Observation of 103 court-referred mediations, for each of which a detailed process and outcome were documented. Data on disputants' refusal to participate in the mediation was also collected. At the end of each mediation case, disputants were given a questionnaire in which they expressed their satisfaction with the outcome and their evaluation of the mediator's contribution. Findings -A low rate of refusal to participate in court-referred mediation was found. Also, the higher the ratio of soft tactics to pressure tactics employed (by all parties involved) during the process, the higher the rate of agreements. Mediators use significantly more soft tactics than disputants, and are more active in using tactics. The two significant variables that predict the mediation's agreement are the ratio between soft tactics to pressure tactics used by all parties, and mediator contribution to the process. Practical implications -The significant role of soft tactics in the process, outcome, and satisfaction of court-referred mediation may serve as a guideline for disputants and mediators. Originality/value -This unique research, which examines the impact of tactics on court-referred mediation, may provide added and significant theoretical insight into its process and outcome, as well as a better understanding of other "hybrid" (compulsory at the beginning, voluntary at the end) mediations.

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Waiting in the wings: Mediation's role in grievance resolution

Cited by 2 publications

References 16 publications

Are you experienced? SME use of and attitudes towards workplace mediation

Are you experienced? SME use of and attitudes towards workplace mediation

What makes court-referred mediation effective?

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