Mediación transformativa en organizaciones complejas. Personal de universidades públicas

Abstract

This research analyzes the possibility of incorporating the mediation procedure as a means of managing interpersonal conflicts that arises inherently to be the human condition and inevitably occurs among the personnel of the same organization. Through a legal, legislative and jurisprudential analysis form the labor law perspective, as it is the main legal discipline that provides comprehensive protection for all types of personnel, both in the workplace and in the public sphere, and the study of all those related disciplines, it is intended to establish the principles, the methodology and the purpose that this procedure should regulate. For this, the staff of the University of Barcelona has been chosen as the analysis model, an organization that already has a Mediation Service and whose interventions in the last seven years have been directed and carried out by the same author of this work. The public university is an ideal model of complex organization, because it incorporates a high functional and structural diversity through the organs that compose it, as well as a high heterogeneity of its human elements. The teaching and the research staff and the service administration staff works and coexist with the same purpose, that of offering a quality service within the framework of higher education, aimed at training future citizens. At the same time, the students, as a group, also participate in this coexistence, producing a multiplicity of human interactions that are carried out from different degrees of power and under which there are different positions, interests and needs that must be covered. Among the different schools or styles of negotiation, the transformative one as an ideal method that allows the management of those conflicts that affect coexistence, since it prioritizes the transformation of the relationship between those affected and their subsequent relationship, to the obtaining agreements in the framework of a mediation procedure. This management of coexistence is included within the managerial power of the employer, who, regardless of its public or private nature, can be held responsible for the omission in its management.