The debate concerning the emerging regulatory environment for employee voice continues apace, in particular the requirements to inform and consult employees as a result of the European Employee Information and Consultation Directive. This article examines the processes used to inform and consult employees across 15 case studies in the Republic of Ireland. It evaluates different voice arrangements using a conceptual framework that seeks to capture the dynamics of different employee voice schemes across union and non-union companies. The findings suggest that participation is more robust when the channels for information and consultation accommodate both conflictual and cooperative processes. It is shown that robust forms of participation are more likely through processes which facilitate independent representation. The evidence also shows that some employers may devise their own counterbalancing forms of (pseudo) consultation, in an attempt to minimise the impact of regulatory rights for employee voice.

Purpose – The purpose of this paper is to explore the impact of mediation on two long-running collective industrial disputes in Ireland using a theoretical framework established in the literature. Design/methodology/approach – The paper presents a detailed qualitative analysis of two disputes. In both cases a panel of mediators was invited to intervene when the established dispute resolution structures and processes had failed and impasse had been prolonged. Each member of the mediation panels, and the lead union representative, was interviewed about their perception of the mediation process and its impact. Interview questions centred around a set of mediation “Outcome Determinants” identified by Wall et al. (2001). Following Wall et al.'s proposal, Lewin's (1951) Force Field Analysis theory is applied as a theoretical lens for understanding the subtle impact of mediation in these cases. Findings – The empirical evidence suggests that while mediation did not lead directly to settlement, it influenced the resolution of these disputes. The disputes were a-typical in that most collective disputes in Ireland are resolved through established industrial relations structures and processes, either at firm level or through State-funded agents/agencies. However, intractable disputes occur periodically and there is an on-going need of this type of specialised ad hoc mediation. The Wall et al. framework combined with Force Field Analysis theory, provide a theoretical lens through which these disputes can be analysed and understood. Practical implications – An understanding of the nuanced impact of mediation is useful for justifying the continuation of this valuable approach. There is also some scope for predicting the likely impact of mediation in advance of engagement or at least allowing the mediators to explore the status of the Outcome Determinants related to a specific case in order to develop a tailored mediation strategy. Originality/value – This paper is unique in that it takes an existing theoretical framework and tests its application in two case disputes. The value of the framework is thus highlighted. Further application of the framework to other dispute scenarios would facilitate its development as a tool of understanding and some limited prediction. Mediation in this type of context has not been formally researched before. Public policy and theoretical implications of the work are highlighted in the concluding section.

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A review of the Alternative Dispute Resolution (ADR) literature highlights considerable ambiguity surrounding what workplace mediators do in terms of behaviours adopted during dispute resolution processes. Core tenets of mediation – informality and confidentiality – further compound this ambiguity leading to diverse opinions in relation to the efficacy of workplace mediation as a dispute resolution alternative and even to the profession itself. In any profession, behavioural ambiguity of practitioners will have implications for theory, standards, training and governance. This article represents a set of reflections on the behavioural dynamics that are at play during the mediation process. It draws on data gathered from practicing mediators, based in either public or private provision. The findings demonstrate nuanced differences in mediator behaviour across context and the discussion offers insights as to how and why these disparities occur. The contributions of this paper lie in raising mediator awareness regarding their behavioural choices, and in informing mediator training, accreditation and regulation processes.

If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service information about how to choose which publication to write for and submission guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information. About Emerald www.emeraldinsight.comEmerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services.Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation. AbstractPurpose -The purpose of this paper is to explore attitudes to employment law and the consequent impact of legislation on Irish employment relations practice. Design/methodology/approach -The paper adopts a comparative approach using two separate pieces of employment law governing race equality, and employee information and consultation, respectively. Semi-structured interviews with key informants are the main data source, augmented in the case of the information and consultation legislation by focus groups in individual workplaces. Findings -The empirical evidence presented suggests that legislation is not the primary initiator of change. In the case of race equality the market was found to be a key determinant of practice (termed "market-prompted voluntarism"). However, it is argued that regulation can influence change in organisations, depending on the complex dynamic between a number of contingencies, including the aspect of employment being regulated, the presence of supportive institutions, and organisationspecific variables. Practical implications -The comparative findings in this research allow some important inferences to be made regarding the use of law to mandate change in employment relations practice. They, in turn, provide useful lessons for future policy makers, managers, trade unionists and workers. Originality/value -This paper is unique in its comparison of two separate pieces of legislation. In both cases considered, the legislation was prompted by EU Directives, and the obligation on member states to transpose these Directives into national law. The findings suggest that readiness for legislation, based on length of national debate and acceptance of the underlying concept, can influence its impact. The concept of equality seems to have gained widespread acceptance since the debate provoked by the 1948 Universal Declaration of Human Rights. However, understanding and acceptance of the concept of employee voice has been much less pronounced in the Anglo-Saxon world.