Labour disputes and conflicts are inherent in all labour relations systems. They usually occur when the collective bargaining process reaches a breaking point and, when they are not resolved, they often lead to union actions such as strikes. The establishment of a system for the prevention and resolution of labour disputes is therefore a cornerstone of a sound labour relations policy. Where an agreement is reached, it must be documented. Conciliation is generally carried out by public conciliation bodies or, more rarely, by labour inspectors. Some countries have established conciliation bodies through legislation and their independence from the government contributes to the parties` confidence in the neutrality of the mechanism. Examples include Denmark (conciliation body), Ireland (Labour Relations Board), South Africa (Conciliation, Mediation and Arbitration Commission), the United Kingdom (advisory, conciliation and arbitration body) and the United States (Federal Media mediation and Conciliation Service). In some cases, confidence in the independence of conciliation mechanisms is enhanced by the tripartite or bipartite composition of its management bodies or of the conciliation body itself. Some of the legislation on the services provided by these bodies will be taken up later in this chapter (see establishment and functions of dispute resolution institutions below). Maher made an initial reference to the decision on his allegation that Murphy had not paid the amount of the transaction, but it was withdrawn. The completed section on the subcontract`s sub-contractual data had been identified by the TCC as the “Adjudicator Nominating Body”. Mr. Murphy indicated that there was no contractual basis for Maher to apply to RICS for the appointment of an adjudicator, as the TCC was not in fact an appointing body.
Murphy went on to go on to ensure that because of this deficiency in the contractual provision of the decision, the legal system applicable to the Housing Grants Construction and Regeneration Act 1996 decision (the “Scheme”) must apply in its entirety. . . .