Institutionalisation of Social Forces

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1 10 Institutionalisation of Social Forces 10.1 Dispute Settlement Abstract. The settlement of disputes in modern Greek society, which only recently began to include institutionalised mediation processes, is a controversial issue. The evolution of collective agreements and arbitration in union disputes resulted in the institutionalisation of mediation procedures in the early 1990s. In the first half of the 1980s, changes in family law led to a simplification of the divorce procedure. The proportion of out-of-court settlements has always been relatively low. Collective agreements and arbitration have changed over the period. The institutional evolution of labour unions was not continuous from the 1960s to the 1990s (see also trend 10.2). Negotiations between union representatives and the state were characterized by state corporatism and reduced mobilization and activation of civil mechanisms (see also trends 7.2 and 9.1). Law 3239/1955 governed collective agreements until the end of the 1980s. This law introduced and institutionalised compulsory arbitration conducted by the Greek state (Kravaritou-Manitaki, 1986; Mavrogordatos, 1988; Petrinioti, 1993). However, Law 1876/1990 introduced unilateral appeal to arbitration (Kazakos, 1997). Despite the controversy in the late 1990s over the constitutionality of compulsory arbitration (Koukiadis, 1998), it may be argued that arbitration has been predominantly discretionary and voluntary. Moreover, the 1990 law created OMED (Jury of Mediators and Arbitrators), which began operating in A first assessment of OMED s operations concluded that it made a positive contribution in the majority of cases by closing them at mediation level, while in the past most cases had been sent to the arbitration courts (Ioannou, 1996). Irrespective of the type of collective agreement, the emphasis has changed from 1961 to For example, until the mid-1980s the role of compulsory arbitration expanded; after 1991, however, it subsided (see table 1). It should be noted that up

2 2 Institutionalisation of Social Forces until 1990 arbitration was compulsory and the role of the state increased in importance. Moreover, once OMED started operating, the majority of the cases sent to it were for mediation, and only a small minority were for arbitration (see table 2). In the 1990s, Greek labour relations entered a phase of rationalization and modernization (Kasimati, 1997). The number of divorces by mutual consent increased. The socio-political and institutional reforms that took place in Greece in the 1980s had an impact in the 1990s. The new family law enacted in 1984 had a significant effect on women s rights. Although changes concerning women s rights have been slow and gradual (Polis, 1992), they have had significant implications for a number of institutions. In the case of the dissolution of marriages, the new family law resulted in a virtual overthrow of the pre-existing system of divorces. In 1984, when the new family law was adopted, 58% of marriages were dissolved by mutual consent; within a decade, the proportion of divorces by mutual consent rose to 74% (see table 3). Thus, there have been significant changes in dispute settlement at the family level, supported by a number of reforms regarding the social and economic position of women in modern Greek society. The proportion of out-of-court settlements remained low. The proportion of out-ofcourt settlements was low in Greece throughout the period In the lower civil courts, however, this proportion actually doubled over the period, while in courts of appeal it increased significantly (see table 4). Moreover, it should be noted that the total number of cases in lower civil courts increased slightly over the period, while the total number of cases in the courts of appeal doubled. The legal system in Greece may not leave much room for out-of-court settlements, but a significant and increasing number of cases are postponed. Finally, it may be argued that the logic of free-riding that predominates in Greek society and reflects the existence of a situation of anomie has implied the operation of extra-institutional forms of negotiation and dispute settlement (Olson, 1965; Tsoukalas, 1993). Free-riding may have affected a number of normative and legal actions, possibly leading to an increase in and frequency of trial postponements, a rise in the number of appeals, and the multiplication of lawsuits. In fact, there is limited role for institutional negotiation targeting of dispute settlement in the legal system. Apostolos G. Papadopoulos

3 10.1 Dispute Settlement 3 R E F E R E N C E S Ioannou, C.A Characteristics and trends in first cases of collective labour agreements managed by OMED, Review of Industrial Relations, 2: («Χαρακτηριστικά και τάσεις των πρώτων υποθέσεων ΣΣΕ που χειρίσθηκε ο ΟΜΕΔ», Επιθεώρηση Εργασιακών Σχέσεων, τ. 2: 60 80). Kasimati, K. (ed.) 1997 The Greek union movement in the late twentieth century. Athens: Gutenberg. (Το ελληνικό συνδικαλιστικό κίνημα στο τέλος του 20ού αιώνα. Αθήνα: Gutenberg). Kazakos, E.G Compulsory arbitration and collective autonomy, Review of Labour Law, 56(14/15): («Υποχρεωτική διαιτησία και συλλογική αυτονομία», Επιθεώρησις Εργατικού Δικαίου, τ. 56(14/15), ). Koukiadis, I.D Questioning the constitutionality of the arbitration system, Review of Labour Law, 57(12): («Η αμφισβήτηση της συνταγματικότητας του συστήματος διαιτησίας Ν.1876/90», Επιθεώρησις Εργατικού Δικαίου, τ. 57(12): ). Kravaritou-Manitaki, G Industrial relations in Greece. In Greece in evolution, pp Athens: Exandas. («Εργασιακές σχέσεις στην Ελλάδα», στο Η Ελλάδα σε εξέλιξη. Αθήνα: Εξάντας). Mavrogordatos, G Between Pityokamptis and Prokroustis: Occupational organizations in Greece. Athens: Odysseas. (Μεταξύ Πιτυοκάμπτη και Προκρούστη: οι επαγγελματικές οργανώσεις στην Ελλάδα. Αθήνα: Οδυσσέας). National Statistical Service of Greece (NSSG) a Statistical yearbook of Greece b Statistics of Justice. Olson, M The logic of collective action: Public goods and theory of groups. Cambridge: Harvard University Press. Petrinioti, X State, industrial relations and social policy: Seeking a new balance. In P. Getimis and D.N. Gravaris (eds.), Welfare state and social policy: The modern problem, pp Athens: Themelio. («Κράτος, εργασιακές σχέσεις και κοινωνική πολιτική: σε αναζήτηση μιας νέας ισορροπίας». Στο Π. Γετίμης και Δ. Γράβαρης (επιμ.), Κοινωνικό κράτος και κοινωνική πολιτική: η σύγχρονη προβληματική. Αθήνα: Θεμέλιο).

4 4 Institutionalisation of Social Forces Polis, A Gender and social change in Greece: The role of women. In T.C. Kariotis, (ed.), The Greek socialist experiment: Papandreou s Greece New York: Pella. Politis, D Collective bargaining and Law 1876/90. Industrial relations and labour unions. Conclusions and Prospects, Review of Industrial Relations, 9: («Οι συλλογικές διαπραγματεύσεις και ο Νόμος 1876/90. Οι Εργασιακές Σχέσεις και τα Συνδικάτα. Συμπεράσματα και Προοπτικές», Επιθεώρηση Εργασιακών Σχέσεων, τ. 9, 5 27). Tsoukalas, K Free Riders in the country of wonders: About Greeks and Greece. Greek Political Science Review, 1: («Τζαμπατζήδες στη χώρα των θαυμάτων. Περί Ελλήνων και Ελλάδας», Ελληνική Επιθεώρηση Πολιτικής Επιστήμης, τ. 1, 9 52).

5 10.1 Dispute Settlement 5 T A B L E S Table 1 Distribution of collective agreements and arbitration, Year Collective agreements Arbitration Total N % N % N Source: Politis, 1998, pp Table 2

6 6 Institutionalisation of Social Forces Distribution of applications to OMED for mediation and arbitration, Year Applications for mediation Applications for arbitration Total N % N % N Total (N) ,032 Average (%) Source: Politis, 1998, p. 12. Table 3 Distribution of divorces by mutual consent, Year Divorces N Mutual consent N % by mutual consent ,672 5, ,568 4, ,939 6, ,830 5, ,335 6, ,360 4, ,672 5, ,351 4, ,156 4, ,725 6, ,675 6, ,995 8, Source: NSSG, Statistical Yearbook of Greece a.

7 10.1 Dispute Settlement 7 Table 4 Distribution of decisions issued by the Greek courts and the proportion of out-of-court settlements, Year Number of decisions issued Lower civil courts Of which settled before going to court (%) Number of decisions issued Courts of appeal Of which settled before going to court (%) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Source: NSSG, Statistical Yearbook of Greece b.