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THE EFFECTIVENESS OF COMPULSORY LABOR MEDIATION IN CHILE: THE USE OF THIRD PARTY-INFORMED STRATEGIES

La eficacia de la mediación laboral obligatoria en Chile: El uso de estrategias informadas por terceras partes

ABSTRACT

This article explores the effectiveness of labor mediators in Chile, focusing on their use of strategies of mediation in compulsory mediation, based on the successful mediator questionnaire developed by Golberg (2005) and the key factors explaining why parties trust the mediator proposed by Poitras et al., (2003) and Poitras (2009). The self-descriptions were analyzed using Atlas.ti 23 software, from which the suggested category system of mediation strategies for building a good relationship with conflict parties was used. Mediators reported the use of two types of strategies, contextual and reflective in compulsory mediation. The results of this research show that the main reason for successful performances reported by mediators was due to the use of contextual and reflective strategies in two types of conflicts (rights and interest–based conflicts) in compulsory mediation in Chile.

Keywords:
compulsory mediation; mediation strategies; effectiveness; success; labor conflicts

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