Conciliation/Mediation of Labour Disputes

Conciliation/Mediation of Labour Disputes

Conciliation/Mediation of Labour Disputes

12 octobre–1 novembre 2020
Le cours est disponible en English
Présentation du cours

The recent changes in the global labour market have affected traditional labour dispute resolution methods. The place of adversarial rights-based processes such as labour tribunals or arbitration is not in dispute, but alongside this is a growing recognition of the value of effective consensus-based dispute resolution methods including conciliation and mediation. Nowadays, conciliation/mediation plays an important role in the way in which employers, employees and their representative organisations, including trade unions, find agreed solutions to common problems in the workplace, enterprise and different levels.

Groupes cible

Staff from labour disputes agencies; staff from Ministries of Labour involved in dispute prevention and resolution; employers' and Workers' representatives, industrial relations experts and practitioners, labour law lawyers

Background

The recent changes in the global labour market have affected traditional labour dispute resolution methods. The place of adversarial rights-based processes such as labour tribunals or arbitration is not in dispute, but alongside this is a growing recognition of the value of effective consensus-based dispute resolution methods including conciliation and mediation.

Nowadays, conciliation/mediation plays an important role in the way in which employers, employees and their representative organisations, including trade unions, find agreed solutions to common problems in the workplace, enterprise and different levels.

An agreement reached through conciliation/mediation usually has benefits for all parties involved.
First, it creates an opportunity for disputing parties to find a mutually beneficial solution to a dispute when negotiation has failed.

Secondly, the intervention of an independent conciliator/mediator often helps parties reduce the extent of their differences. The outcome of a successful labour conciliation/mediation is a new equilibrium that resolves the prevailing dispute and establishes the foundations of a more co-operative relationship.

Finally, it is well known that when parties have agreed the terms of the resolution to a dispute instead of having a decision imposed upon them by a third party, they are much more likely to comply with that outcome. Enforceability is therefore much less of a problem.

Furthermore, an effective dispute managing system promoting consensus-based initiatives reduces both the cost and the time associated with traditional methods   of dispute resolution whether it be through tribunals, arbitration or the use of strikes and lockouts. An effective conciliation/mediation system therefore enhances social peace while lightening the burden of work for labour tribunals. Tribunal systems are then able to allocate their resources to a smaller number of proceedings, thus raising the quality of their activities without diminishing access to justice for employers and employees.

Whatever the scenario, it is crucial that conciliators/mediators inspire confidence in both parties to a dispute if they are to help them achieve an effective agreement.
 

Course structure and methodology

The course will be conducted online, from 12 October to 1 November 2020. The overall time involvement is of approximately 35 hours.

Participants will be given access to a  dedicated  e-learning  platform  on  which  they will find recorded videos, reading materials, interactive resources, practical exercises and other online activities related to conciliation/mediation. The learning will be interactive and facilitated by a tutor, who will provide guidance and clarifications on topics and activities. 

Every week, between two and three live webinars will be organised. The participation to the webinars is not mandatory. For those participants who are not in the position to join the live sessions, recordings will be made available. 

At the end of the course, participants will be asked to complete a final course work.

Upon successful completion of the course activities and of the final course work, participants will be awarded a Certificate of Participation in Conciliation/Mediation of Labour Disputes.

For those participants interested in obtaining a Certificate of Achievement in Conciliation/ Mediation of Labour Disputes by the ITCILO, there is the possibility to complement this course by attending the Residential and the Post-course phases of the Course on Conciliation/Mediation of Labour Disputes. Further information on this activity will be published on the ITCILO website.  

Objectives

This course aims to:

  • Provide sound theoretical and practical knowledge of the key principles of the conciliation/mediation processes;
  • Strengthen the understanding and analyse the role and functions of the conciliator/ mediator;
  • Provide techniques and guidance on how to improve the role of conciliators/ mediators;
  • Foster knowledge sharing and exchange of best practices related to conciliation/ mediation;
  • Promote the application of key ILO principles and values on this matter.
Content
  • An introduction to conciliation/mediation;
  • The conflict dynamic;
  • Social dialogue, ILO Conventions and Recommendations;
  • Process management skills;
  • Problem management skills;
  • Effective people skills;
  • The role of the conciliator/mediator in society.
Participants' profile
  • Staff from labour disputes agencies;
  • Staff from Ministries of Labour involved in dispute prevention and resolution;
  • Employers’ and Workers’ representatives;
  • Industrial relations experts and practitioners;
  • Labour law lawyers.

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