Mediation Strategies in Collective Bargaining: Self-Reported and Observational Approach

Abstract

In this paper the effectiveness of mediation strategies is analyzed in two different types of collective labour conflicts: rights conflicts and conflicts of interests. Considering the relevance of triangulation and convergence of evidence (Carnevale & De Dreu, 2005; Carnevale & De Dreu, 2004) two complementary studies were conducted with different methodologies: self-reported measures and observation of mediation cases. In the study with self-reported measures the participants were professional labour mediators of the Extrajudicial System for Labour Conflict Resolution in Andalusia who completed a survey about the strategies they used and the outcomes they achieved in their most recent mediation intervention. In the observational study 26 mediation cases of this system were observed, randomly selected during the period when observations were carried out. 42,31% were conflicts of interests and 57,69% rights conflicts. Results suggest that contextual strategies oriented to manage the mediation process are effective in both types of conflicts. In the same way, substantive strategies oriented to deal directly with the issues in dispute are effective in both types of conflict. Reflexive strategies oriented to gain disputants trust and acceptance of the mediator and the mediation process were dysfunctional for effectiveness particularly in rights conflicts.

Keywords: labour mediation, collective bargaining, mediation strategies, rights conflicts, conflicts of interests