Social dialogue & conflict resolution mechanisms

Social dialogue and conflict resolution mechanisms in the acceding countries: Cyprus, the Czech Republic, Latvia, Lithuania and Slovakia

Prague, 14-16 January 2004

Speech abstract - David Thaler

Commissioner, International & Dispute Resolution Services Division,
U.S. Federal Mediation & Conciliation Service

Strengthening Governmental Conciliation Institutions

Introduction: Since Labor Peace is a Public Good, it is Appropriate and Useful for Governments to Provide Mediation Services

Labor mediation services are public goods, and thus appropriate for provision by the national government, because private parties do not have a direct incentive to take societal costs into account when they decide to engage in a work stoppage and therefore may not be willing to pay for their own private mediators. In addition, mediation services are public goods because they yield long-term private and public benefits for which short-sighted organizations might not want to spend resources.

Governmental Labor Mediation Institutions Need to Strategically Plan from Three Separate Perspectives: (1) Enterprise-Level, (2) Institutional and (3) Nationwide.

Given the multitude of potential functions alluded to above, it is useful to look at the management of a governmental labor mediation from three separate perspectives: (1) enterprise-level, (2) institutional and (3) nationwide. Enterprise level planning concerns the nature, quality and quantity of its direct interactions with its constituents: businesses and labor unions. Institutional level planning concerns the process of the institution’s managing itself internally in order to delivery its services in the most efficient and effective manner possible. Finally, nationwide-level planning recognizes the role that the institution can play in society as a whole, in terms of providing a forum for tripartite dialogue, working to create national culture of conflict resolution, and supporting public policies that ensure the integrity and professionalism of alternative forms of dispute resolution.

Enterprise-Level Strategic Planning

Enterprise-level strategic planning concerns the nature and quality of services for the resolution and prevention of labor conflict. With regard to conflict resolution, the institution will need to plan its outreach to the community to make it aware of the services it provides. In some cases this will involve establishing personal relationships at the enterprise level. It may also involve encouraging parties to incorporate mediation and other ADR processes into the text of their collective agreements. With regard to conflict prevention, the institution needs to reach individuals at the enterprise level in order to improve their abilities to communicate, solve problems, and develop joint internal structures for the prevention of conflict on an ongoing basis. In this regard, the institution may find it helpful to develop specific programs for different labor-management relationship situations: e.g., post-strike, new union stewards and supervisors, more mature relationships, organizations who need a way to deal with issues during the term of a collective agreement, etc.

Institutional-Level Strategic Planning

At the institutional level, the institution needs to be concerned with maintaining the quality and integrity of its professional staff, developing public relations materials to make the public aware of the services it provides, and ensuring that it has the appropriate architecture and information system in place to perform is job effectively.

Nationwide-Level Strategic Planning

At the nationwide level, the institution should play a role in promoting general labor and social peace by providing a forum for high-level tripartite dialogue. It would also be useful for such dialogue to take place at the sectoral level as well. If resources are available, the institution can provide recognition and financial reward to companies and unions that engage in the most innovative and useful collaborative initiatives. It would also be useful for the institution to maintain statistics on Industrial Relations occurrences in the country, and serve as a nationwide resource for that data. The institution can also promote conflict resolution in society by supporting public policies and legal reform to ensure the integrity and professionalism of alternative forms of dispute resolution. Finally, through the collection and dissemination of best practices, the institution can further the creation of a national culture of conflict resolution.