| Summary: | 碩士 === 國立中正大學 === 勞工關係學系碩士在職專班 === 105 === Most of labor disputes in Taiwan are those over individual worker’s rights and the method commonly used to resolve them is mediation. According to the Act for Settlement of Labor-Management Disputes, the disputants can select different forms and places for mediating. In the practice ofmediation, the nature of thedisputants’claims and themediator’s personal characteristics and his/ her mediation skills are also involved. This research explores the influence of these factors on the outcome of mediation, i.e. success or failure.
This research collected data by conducting questionnaires and
in- depth interview. Two hundred valid questionnaires were completed by the disputants both on the labor and management sides in different forms of mediation. Thirteen interviews were conducted betweenJuly and October 2016.Theinterviewees includeworkers, employers, andmediators in different mediation cases, and government officials in the competent authority.Throughanalyzing the data, this research has obtained the following findings:
1. Whena worker filed a mediation application, themutual trust between the worker and his/her employer had damaged and a crack intheir relationship had appeared accordingly. As a result, there would be more than one claim of the dispute.
2. The success rate of mediation varied when mediation formswere different. It was the highest whenmediators were appointed by the civil groups, the second highest whenmediators were appointed by the competent authority, and the lowest when the mediation conducted by a committee.
3. The disputing matters concerned in the mediation affected the mediation outcomes to some extent. Mediating a dispute over wages was the most likely to be successful while mediating a dispute over thetransfer issue was the least likely to be successful.
4. The mediator mediation skills will have an impact on the mediation results of labor dispute mediation, with a focus on labor relations or friendships on the mediation results are significantly related.
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