The Role Of Conciliation In Industrial
The Role Of Conciliation In Industrial
Relations
Traditionally, Industrial relations in Australia has been governed by the process of arbitration. Dispute resolution and collective bargaining arrangements were all determined by the courts and/or Industrial Relations Tribunal. However, throughout the last three decades, the process of conciliation (mediation) has gained greater favour as a mechanism to maintain industrial harmony. This essay will be structured in 6 main divisions. Firstly, the introduction will provide a background to the evolution of conciliation, and definitions of both conciliation and its counterpart, arbitration. The second section of the essay will discuss the major differences between conciliation and arbitration that has resulted in the former playing a more influential role in industrial relations. The third part of the essay will discuss the various functions mediation plays within industrial relations. The fourth section of the report will discuss how collective agreements can be best interpreted through conciliation. Finally, the conclusion will weigh up the arguments and determine the role that conciliation plays in Australian industrial relations.
According to Vessenes (1996) “mediation is one of the techniques that have come to be known as Alternative Dispute Resolution (ADR), designed to avoid costly litigation. It is a voluntary process where a neutral third-party mediator helps the parties find common ground and negotiate a final settlement agreement”. On the other hand, arbitration is best described by Beach (1980) as a process where “the arbitrator (or arbitration panel) conducts a formal quasijudicial hearing at which the union and employer negotiators present testimony of witnesses, arguments, and documentary evidence in support of their respective positions. Sometime later, the arbitrator (or the panel) issues a legally binded ruling”
Differences Between Conciliation and Arbitration
Meyer (1979) argues that “Mediation and arbitration have conceptually nothing in common. The one [mediation] involves helping people to decide for themselves, the other involves helping people by deciding for them”. The integrative nature of mediation, in comparison with arbitration, has provided the former with a greater exposure as a means to resolve disputes in Australian Industrial Relations.
Placement Of Blame
The placement of blame on an entity regarding an industrial dispute is a significant distinction between conciliation and arbitration. Fulton (1989) advocates that “the mediator’s endeavours are not aimed at identifying which disputant is right and which is wrong. The mediator’s aim is rather to disperse any private antagonism which may exist between the parties and to gain a solution.” On...