Collaborative practice: a resolution model for irish employment disputes?

Abstract

Ireland has a comprehensive yet complex, statutory framework for the resolution of employment disputes. Various bodies offer conciliation, mediation, arbitration and regulation, however the processes are taking too long. The focus of this dissertation is on another form of dispute resolution – collaborative law and its suitability to the resolution of Irish employment disputes. The overarching question of this research is: Can a dispute resolution model based on collaborative practice be a useful addition to alternative dispute resolution in Irish employment law?

A review of ADR and employment literature provides a context for this research. The first phase of the primary research consisted of a survey of collaborative practitioners in Ireland to identify the current usage and success of collaborative law and whether practitioners felt collaborative law was suitable for the resolution of Irish employment disputes. The second phase entailed depth interviews with key employment stakeholders to verify the findings from phase A.

Analysis of the findings indicate that collaborative law could be a successful method of dispute resolution and that practitioners feel it is an appropriate method of dispute resolution for employment disputes.