TY - JOUR
T1 - (Alternative) Dispute Resolution and Workplace Bullying: Some pros and cons from the coalface
AU - Ballard, Allison
AU - EASTEAL, Patricia
PY - 2016
Y1 - 2016
N2 - We wondered how bullying targets who had participated in mediation or conciliation experienced both process and outcome. Specifically, we wanted to identify what variables, if any, affect perceptions of the efficacy of mediation or conciliation. We were also interested in whether settlement necessarily equates with feelings of satisfaction or justice. Accordingly, 10 employee respondents were recruited via a Survey Monkey email invitation to 20 people who had recently participated in one or more tribunal-facilitated conciliation and/or court-referred mediation. Their responses to the four open-ended questions were analysed thematically. The key themes identified were the perceived benefits (and detriments) of participating in ADR, perceptions of bias by the mediator/conciliator practitioner, the positive impact of being legally represented or having legal advice throughout the process, the positive impact of having a support person, feelings of being re-traumatised by the process, feelings of concern about the future repercussions of challenging employer behaviour (including adverse impacts on future employment), and feelings of justice (or lack of it) as a result of the outcome of the process.
AB - We wondered how bullying targets who had participated in mediation or conciliation experienced both process and outcome. Specifically, we wanted to identify what variables, if any, affect perceptions of the efficacy of mediation or conciliation. We were also interested in whether settlement necessarily equates with feelings of satisfaction or justice. Accordingly, 10 employee respondents were recruited via a Survey Monkey email invitation to 20 people who had recently participated in one or more tribunal-facilitated conciliation and/or court-referred mediation. Their responses to the four open-ended questions were analysed thematically. The key themes identified were the perceived benefits (and detriments) of participating in ADR, perceptions of bias by the mediator/conciliator practitioner, the positive impact of being legally represented or having legal advice throughout the process, the positive impact of having a support person, feelings of being re-traumatised by the process, feelings of concern about the future repercussions of challenging employer behaviour (including adverse impacts on future employment), and feelings of justice (or lack of it) as a result of the outcome of the process.
UR - http://www.scopus.com/inward/record.url?scp=84983365289&partnerID=8YFLogxK
U2 - 10.1177/1037969X1604100208
DO - 10.1177/1037969X1604100208
M3 - Article
SN - 1037-969X
VL - 41
SP - 105
EP - 109
JO - Alternative Law Journal
JF - Alternative Law Journal
IS - 2
ER -