Collective and individual alternative dispute resolution in France and Britain

Abstract

The paper compares trends and case studies of individual and collective employment conflicts in France and the UK. Its focus is on the extent to which conciliation, mediation and mediation are used within the two different industrial relations systems. In both, third-party intervention is associated with the legitimacy conveyed by the involvement of both employers and trade unions, or by the presence of an impartial judge. The research finds extensive use of alternative dispute resolution is taking place in both countries, with dispute resolution taking place commonly in the justice system in France, while in the UK there is extensive use made of the arms-length independent government agency, Advisory Conciliation and Arbitration Service. However, the research concludes that the most effective third-party interventions take place when they are combined with mobilisation, rather than merely being the sole form of dispute resolution.