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Finding a Role for Mediation in Workplace Disputes

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  • Ray Fells

Abstract

In June, 1999, the Federal Coalition government proposed further reforms of the Australian industrial relations system. Included in this reform package were proposals for a Mediation Adviser to oversee the use of mediation in industrial relations. The paper critically examines these proposals. Data from a survey of WA practitioners indicates that the core elements of mediation are seen as self-responsibility and voluntariness which clearly distinguish it from the traditional processes of conciliation by the tribunal. However, there is also uncertainty over the nature of mediation and how it might operate in the context of, or as an alternative to, the present framework of dispute resolution. The government's package of reforms, including those relating to mediation, were withdrawn but the interest in mediation remains. This paper suggests that rather than creating a new industrial relations agency (the Mediation Adviser), making provision for mediation by Industrial Commissioners with the parties still able to choose private mediation if they wish would achieve the desired policy objectives.

Suggested Citation

  • Ray Fells, 2000. "Finding a Role for Mediation in Workplace Disputes," The Economic and Labour Relations Review, , vol. 11(2), pages 270-290, December.
    • Handle: RePEc:sae:ecolab:v:11:y:2000:i:2:p:270-290
    DOI: 10.1177/103530460001100208
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    References listed on IDEAS

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    1. Pat Lowry, 1990. "Employment Disputes and the Third Party," Palgrave Macmillan Books, Palgrave Macmillan, number 978-1-349-10896-1, September.
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