Settlement Process or Tactical Opportunity? Mediation in Industrial Relations

Mediation is often suggested as an alternative method of resolving industrialdisputes. However, the precise nature of mediation in the industrial relations context is not clear, and although the emphasis is on a facilitative approach, the evidence from two case studies suggests that a more interventionist approach may be more typical. The case studies also suggest that mediation will be used tactically during the course of a negotiation as well as being a means of bringing the dispute to an end. This opportunity for a tactical recourse to mediation is increased where the legislation seeks to guide or control the conduct of negotiations, as in the case of the proposed amendments to the Workplace Relations Act 1996. Some implications that arise from this tactical opportunity are explored, including tbe development of a motivational perspective to mediation. The Australian federal government’s recent proposals for further reform of the industrial relations system include the promotion of mediation as a means of resolving differences between managements, employees and unions. In his Second Reading Speech (30 June 1999) to introduce the JVorkplace Relations Legislation Amendment (NIore Jobs Better Pay) Bill 1999, the minister indicate