FP6Reintegration grant2006–2008

IDR · Internal dispute resolution: developing a new framework for the role of conflict prevention and resolution systems within organizations

FP6 — Marie Curie Actions (Human Resources and Mobility)

Duration
2006-07-01 → 2008-06-30
EU contribution
€80,000
Participants
1
Scheme
IRG

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Results in brief

Final Activity Report Summary - IDR (Internal Dispute Resolution: Developing a New Framework for the Role of Conflict Prevention and Resolution Systems within Organizations)

The research project is a study of an essentially un-researched field, internal dispute resolution (IDR), which brings together the law and the interdisciplinary field of alternative dispute resolution. The research findings serve to develop a theoretical framework for the study and design of the emerging phenomenon of IDR. IDR mechanisms are systems for addressing disputes that exist within organisations and institutions (e.g., an ombudsman, a mediation unit) for the resolution of complaints among employees, between employees and management, and, in certain cases, between an agency or company and its patrons. IDR emerged in the U.S., mainly as a result of legal requirements for the institution of informal avenues for addressing workplace discrimination complaints. Its use has since expanded to other types of disputes and the mission of such internal units now sometimes covers organizational improvement and learning. While supporters of IDR have emphasised the satisfaction of individual complainants and cost effectiveness for the organization through IDR, critics have focused on the increased privatization of dispute resolution services with the funnelling of complaints from the formal legal system to private bodies that function simultaneously as employees of the host-organisation and as neutrals. This research has sought to mitigate the dichotomous debate that has surrounded the IDR phenomenon and offers insights regarding the conditions under which IDR can be effective and fair. Specifically, the research explores the conditions under which IDR mechanisms can function in a preventative capacity, not only allowing for effective ex-post resolution of individual complaints, but also preventing future disputes from arising. This premise was explored through the development of a theoretical framework for the delivery of ADR and IDR services in the context of employment disputes and through the empirical examination of disputes and avenues for their resolution in the healthcare setting in Israel.

Data: CORDIS, © European Union

Project objective

This project is a study of an essentially un-researched field, internal dispute resolution (IDR), which brings together the law and the interdisciplinary field of ADR. Its goal is to provide a framework for the study and design of the emerging phenomenon of IDR. IDR are internal systems (e.g., an ombudsman, a mediation unit) for the informal resolution of complaints among employees, between employees and management, and, in certain cases, between an agency or a company and its patrons. IDR emerged in the U. S., as a result of legal requirements for the institution of informal avenues for addressing workplace discrimination complaints. Its use has since expanded to other dispute types and the mission of such units now covers organizational improvement and learning. Even in the U.S., where IDR has become widespread, academic research of this trend is scant. The few studies that exist are sharply divided between those who support IDR and view it as an arena in which some of alternative dispute resolution's (ADR) benefits are maximized, and those who object to the privatisation of dispute resolution for fear of mass emasculation of complaints and the disempowerment of weak" disputants.In practice, private ADR has grown exponentially in the U.S. and elsewhere, creating a sharp gap between the practical needs of individuals and organizations on the one hand and the normative academic stance on the other. This research project seeks to mitigate the dichotomous debate by offering a paradigm for the fair and effective operation of IDR mechanisms. In doing so, I join a small group of researchers from various disciplines who have explored the conditions necessary for private bodies to operate in publicly accountable ways. The study will develop a theoretical framework through an examination of incipient IDR systems in Israel and an investigation of relevant statutes and literature, thereby filling in a much needed lacuna in ADR literature."

Original text from CORDIS.

Participants

  • UNIVERSITY OF HAIFA · HAIFACoordinatorIsrael

Links

Data: CORDIS, © European Union