Mediation in Collective Interest Disputes

Abstract

Mediation services were introduced early in the history of collective bargaining in all Nordic countries. The services have been shaped in close contact with the labour market parties, and many national characteristics have developed. In addition, close ties between the Nordic countries have promoted inspiration and copying of both rules and practices. In relation to the common distinction between “conciliation” and “mediation”, where the first refers to efforts in assisting in communication while the last also refers to a more intrusive role of formulating and proposing settlement terms, the activities in the Nordic countries clearly resemble mediation. 2 Still, the distinction is not strictly applied in the Nordic countries, and one often finds activities classifiable under both labels. The mediation institutions or their mediators are also equipped with instruments for control over the mediation process. Duties to notify the institutions about industrial action and the right of the institutions to postpone industrial action for shorter periods are central empowerments. In addition, mediation is in practice compulsory, at least if the dispute is important enough to endanger public interests. Mediation must be distinguished from two other types of governmental activities in collective bargaining in the Nordic countries. First of all, appointment of ad hoc commissions or negotiation leaders in order to bring about centralised recommendations or agreements occur from time to time. Such practice is especially frequent in Finland, where an Incomes Policy Officer may even include governmental measures in order to try to reach an encompassing deal with the main labour market parties. 1 This article was written with financial support from the Norwegian Ministry of Local Government and Regional Development and the Norwegian Ministry of Labour and Government Administration. I wish to thank Reinhold Fahlbeck and Birgitta Nystrom for comments on an earlier draft. 2 See de Roo & Jagtenberg (1994), at 24-28.

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