1. Labour mediation in Belgium
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue
Passion – opportunity to share experience – 2 parts : the process of M/C and the skills/ressources -

2. Mediation and conciliation of collective disputes
Origin : bodies and procedures organised by social partners have been given a legislative framework in which the Ministry plays a subsidiary role
Before a collective disputes gets to mediation or conciliation :
Trade union delegation and employer at enterprise level. Trade union delegation has the right to be heard when a collective dispute or strike is impending or existing
Mediation or conciliation can only be launched after failure of all attempts to resolve at enterprise level
2 tools for the Chair of the Joint Committee :
The joint sectoral conciliation board
The Chair of the joint sectoral committee can also act as mediator (without conciliation board)
Characteristics
Extrajudicial system
Voluntary mechanism
Social partners take part in the dispute resolution process
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

3. The conciliation process
How to request for conciliation ?
Composition of the conciliation board
Timelines
Process of a conciliation meeting : 3 phases
Possible outcomes and consequences of the conciliation process
Importance of a written document of the agreement
Characteristics :
confidential and informal process
use of caucus
voluntary process
recommendation based on consensus
respect for the authority of the recommendation
extra-judicial system which builds upon the responsibility of the social partners to get to a resolution
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

4. Mediation process Mediator : Mediator defines the process
Can be designated by the Minister
The chair of the JC takes an initiative
The chair of the JC is requested by its members or a company to intervene as a mediator
Mediator defines the process
Voluntary process
Written and signed document at the end
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

5. Mediation skills
Active listening skills : use of reformulation and reframing
“Peel the onion” : Identify the interests behind the positions and build on the common interests
Build trust among the parties
Create a safe and neutral environment
Agree with the parties to express themselves in a gentle, open, honest and specific way
Manage emotions by recognising them or organising a break
Explain and trust the process
Brainstorm for solutions when parties are ready
Search for a win-win solution with the parties
“What if ?”
Mediator is committed to facilitate the process, parties own the outcome
Mediation skills need to be trained !
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

6. Drafting and follow-up of conclusions
Written document of the Conciliation Board or the Mediator
Description of the agreed and/or recommended solution
Includes timeline, the actions to be taken, identifies the responsibilities
Process of consultation via referendum (in case of an announced strike)
Evaluation or reporting of the execution of the conclusions
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

7. Quality and accessibility of the services
Neutrality guaranteed
Code of ethics of civil service applies to Mediators
Recruitment process guaranties technical competencies and skills. Continued training and education of the mediators,
Secretarial support to 170 joint committees
Mediator services, translation (French – Dutch) and meeting rooms are free of charge
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

8. Statistics of meetings
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue
Type of meeting :
orange : plenary sessions of bi-partite committees
light blue : conciliation board meetings

9. The department for Collective Labour Relations
Specialised corps :
14 Mediators in private sector + 2 Mediators in the public sector (since May 2013)
Unit of the management of sectoral joint committees : Social partners request the Minister to start the procedure to determine the scope of competence
Secretariat of the sectoral joint committees : preparation and sending of invites, agenda-items and documents, preparation of the minutes
Registration and extension of CLAs
Analysis and evaluation of CLAs : no obvious breach of the law (hierarchy of norms)
Total staff including the Director-general: 110
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

10. Separate mechanism for settlement of individual disputes on rights
Specialised labour courts
Composed of one professional judge and two lay-judges ; one designated by an Employers organisation and a Workers organisation
Since 2005 ; the plaintiff or the defendant can use a mediation process at the small claims court, the family court and the labour court.
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

11. Lessons learned of the Belgian system
Role of social partners : Mechanism of collective bargaining and dispute resolution set up by social partners and reinforced by a legal framework and services rendered by the Ministry
Recognise a balance of power between the parties
Respect for the ILO- conventions
Stable industrial relations contribute to social welfare and economic stability
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue

12. Questions and discussion
Tiblisi 24/11/2016
Lieve Verboven, Federal Public Service Labour, Employment and Social Dialogue