In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
In the early summer of 2005. an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labour disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods, which aim to assist disputants in finding creative, negotiated solutions, preserving their long-standing relationships, Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialised conciliation officers or mediation services operating in this area.
The expert meeting brought together a mix of leading mediators and academics form Belgium, Germany, the United Kingdom, Finland, Sweden, Spain and the Netherlands to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labour disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining., facilitative mediation and conflict management. All these developments are likely to increase the demand for expert mediation services to assist more often less experienced negotiators.
Thereby, the very nature of mediation may gradually change.
The national reports in this book are preceded by an introduction, a synthesis analysis, and a comprehensive overview of EU initiatives in the field of collective labour law and dispute resolution.
This book and the expert meeting were greatly facilitated thanks to the support by CAOP (Centre for Public Sector Employment Relations) and SARO (Foundation for Legal Research), both seated in The Hague.
Alex Brenninkmeijer is the National Ombudsman of the Netherlands, and editor of the (Netherlands) Handbook on mediation (SDU The Hague, 2005).
Annie de Roo is associate professor of law in Rotterdam and mediator, and author of Settling Labour Disputes in Europe (Kluwer Boston, 1994).
Loe Sprengers is professor of law appointed to the Albeda chair in Leyden, member of the Utrecht bar and a specialist on worker co-determination issues.
Rob Jagtenberg specializes in comparative law and was a general rapporteur to the Council of Europe on the subject mediation.
