Effective conciliation:
a practical guide
by Robert Heron
Caroline Vandenabeele
| Foreword
1. What is conciliation?
A. Definitions
B. Key elements of conciliation
C. You as a conciliator
2. Preparing for a specific conciliation
A. Make initial contact with the disputing parties
B. Collect and analyse background information
C. Decide on how you will guide the conciliation
D. Design a conciliation plan
3. Conducting the conciliation
A. Opening the conciliation
B. Define the issues and agree on the agenda
C. Interacting with the parties
D. Generate options for settlement
A. Drafting the agreement
B. The conciliation report
C. Follow up if no agreement is reached
5. Conciliation skills
A. Listening
B. Questioning
C. Communicating
D. Observing
E. Summarizing
6. Conciliation techniques
7. The different roles of the conciliator
8. Dealing with specific situations
A. Dealing with strong emotions
B. Dealing with threat
C. Making press statements
|
Foreword
Labour disputes are a reality in a modern industrial relations system, despite the best efforts of all parties to promote industrial harmony and prevent disputes between workers and employers. In such circumstances, it is necessary to focus more attention on dispute resolution whilst not losing sight of the prime objective of dispute prevention.
If the parties are unable or unwilling to resolve a dispute through their own initiative, it is necessary to rely on the intervention of a third party. Conciliation represents the first level of such intervention in which the third party, through a process of assisted bargaining, encourages the disputing parties to find a solution to their dispute and reach a mutually acceptable agreement.
Although some conciliators bring an artistic flair to their work, conciliation is a skill which can be developed and refined through the acquisition of new knowledge and the application of that new knowledge to conflict situations. This publication is intended to assist the conciliator in the skill acquisition process. In simple language, it provides a step-by-step approach to the conciliation of industrial disputes and gives practical guidance on what conciliation can do to help the disputing parties reach an acceptable agreement.
This practical guide can be used for both group training and self-learning situations. It will be particularly useful for conciliators in provinces and districts where access to training and staff development opportunities is relatively limited.
Users of the guide will benefit from a companion booklet, Effective negotiation: A practical guide. This booklet provides basic information on the nature of the negotiation process, which is essential for the conciliator's understanding of the assisted bargaining process.
The translation of the guide on conciliation into national languages is encouraged, as are comments and suggestions for its improvement from those who use it.
The guide has been prepared by Mr. Robert Heron, Senior Labour Administration Specialist, and Ms. Caroline Vandenabeele, Associate Expert in Labour Law and Industrial Relations, of the ILO East Asia Multidisciplinary Advisory Team .
W.R. Simpson Director ILO East Asia Multidisciplinary Advisory Team (ILO/EASMAT)
Bangkok, June 1997
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