
Contents
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Introduction Introduction
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Traditional Key Institutions of Dispute Resolution Traditional Key Institutions of Dispute Resolution
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The German Court System The German Court System
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The “Dual System” of Interest Representation The “Dual System” of Interest Representation
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Grievance Right Grievance Right
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Arbitration Panels Arbitration Panels
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Advances in the Institutions of Dispute Resolution Advances in the Institutions of Dispute Resolution
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Non-Statutory Representation Bodies Non-Statutory Representation Bodies
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Anti-Discrimination Law Anti-Discrimination Law
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Mediation Law Mediation Law
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Evolution of Established Practices Evolution of Established Practices
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Is the Dual System Still Dual? Is the Dual System Still Dual?
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Dispute Resolution and Economic Shocks Dispute Resolution and Economic Shocks
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Conclusion Conclusion
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Notes Notes
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References References
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17 Conflict Resolution in Germany
Get accessMartin Behrens is Programme Director at the Institute of Social and Economic Research in the Hans Böckler Foundation (WSI) and Lecturer at the Institute for Sociology at the University of Göttingen. His research focus is on comparative industrial relations and on German employers’ associations, works councils, and labor unions. Recent publications include Das Paradox der Arbeitgeberverbände (The Paradox of Employers’ Associations) (Edition Sigma, 2011) and ‘Still Married after all these Years? Union Organizing and the Role of Works Councils in German Industrial Relations’, Industrial and Labor Relations Review, 2009, 62: 275–93.
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Published:16 December 2013
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Abstract
Referring to the term “conflict partnership” the chapter investigates the way by which German key institutions of employment relations keep work-related conflict within bounds. At the center of this analysis is the duality between industry-level collective bargaining and works councils—the key representative bodies at the plant level. Traditional conflict resolution procedures such as arbitration panels and grievance rights are analyzed as well as recent additions to this system such as anti-discrimination laws. While there is little reason to assume this system has been destabilized during the world financial crisis, the author argues that major challenges come from the long-term process of decentralizing collective bargaining.
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