The development of extra-judicial systems of collective conflict resolution in Southern Europe: Understanding the Spanish system

Abstract:

There has been an increasing tendency to promote systems of extra-judicial intervention in resolving collective conflicts in Southern European countries. However, it seems that it has been difficult for these initiatives to displace traditional judicial avenues of settlement.

We consider various efforts to promote extra-judicial settlement, and identify the greater success enjoyed by the Spanish system of settlement in providing an alternative to labour courts. Explanatory factors include its distinctive design features, social partner unity and deficiencies in the judicial system.

Spanish experience suggests a need to reassess assumptions about the obstacles to extra-judicial collective conflict resolution in Southern Europe.