The Intervention of Third Parties in the Solution of Labour Conflicts

Abstract

The use of non-judicial methods in the solution of labour conflicts has become increasingly important in Western European countries over the last decade. This is due mainly to two facts. First, third party intervention—especially when it is carried out by a mediator—in a conflict that has arisen during collective bargaining is considered more and more often to be a supporting and useful mechanism that perfects the negotiation process itself, and not only a last resource when negotiation totally breaks down. Second, mediation and arbitration play a progressively greater role in the solution of conflicts arising over the application and interpretation of collective agreements. They have became procedures that complement, rather than exclude, the traditional alternative of a court resolution. With the use of this non-judicial third party, conflict moves from the logic of the rationality of the legal solution, to the open logic of bargaining and interchanging positions, and the third party's intervention takes on a fundamentally psychosocial dimension.

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