From the collective to the personal in employment disputes resolution
Although Austria did not delay in introducing a legal framework for the practice of mediating disputes, it does not use this form of dispute resolution very often. Funded by the EU, the 'Mediation of employment rights disputes' (MEDEMP) project sought to identify factors crucial to the effective mediation of individual employment disputes of rights. Qualitative and quantitative socio-legal research was undertaken in New Zealand, and four possible factors of success were identified. These relate to people (mediators), theory, process, and attitudes and expectations (of the users). Applying the findings to the Austrian environment proved a difficult exercise as the country lacks a theoretical framework for mediation within its legal and institutional contexts. As such, MEDEMP had to establish a sound theoretical foundation before continuing any empirical research. Possible obstacles to the use of mediation for conflicts in the workplace include a seldom explicitly-stated collective approach to conflict resolution in industrial relations. The problem is therefore at once visible since mediation stresses the individual level. Such aspects of dispute resolution are therefore worthy of further research, as is an exploration of the effect of Austria's institutional industrial relations framework — the so-called Sozialpartnerschaft (social partnership). Project outcomes and the value of its comparative perspective offer a basis for future research. MEDEMP findings will be implemented, in collaboration with social partners, the chamber of employees and the economic chamber, in a pilot project on employment mediation.
Keywords
Mediation, employment disputes, legal framework, conflict resolution, industrial relations
