2022Uzhhorod National University Herald Series LawOpen access

The place of mediation in the system of alternative ways of resolving individual labor disputes

D. Grin

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Abstract

The article considers mediation as one of the alternative ways to resolve individual labor disputes, analyzes the views of scientists, current legislation in this area, on the basis of which certain conclusions are made. The importance of implementing mediation procedures in labor law was emphasized, as it will be an effective mechanism for reconciling the parties in labor law with minimal costs of financial, time and human resources. The advantages of introducing mediation among alternative ways of resolving labor disputes, which is quite developed in international practice today, are mentioned. Because mediation is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and used only by mutual consent of the parties to the dispute, the main purpose of which is different from other ways of resolving disputes - maximum autonomy, confidentiality and voluntariness. The conflict does not come from the mediator (or the judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, who determine what methods, deadlines, conditions for resolving the conflict will be reached and set out in the agreement of the parties to mediation. It is concluded that the adoption of the Law of Ukraine "On Mediation", amendments to a number of domestic codes, which provide for the possibility of using mediation in resolving a wide range of disputes, is a step in the right direction. At the same time, it was stated that there are no provisions on mediation in the current Labor Code of Ukraine. It is noted that its provision in the Draft is the right decision, as this alternative way of resolving the dispute will help relieve the courts of a significant number of cases arising from employment, will help resolve conflicts (disputes) over the protection of labor rights.

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The article considers mediation as one of the alternative ways to resolve individual labor disputes, analyzes the views of scientists, current legislation in this area, on the basis of which certain conclusions are made. The importance of implementing mediation procedures in labor law was emphasized, as it will be an effective mechanism for reconciling the parties in labor law with minimal costs of financial, time and human resources. The advantages of introducing mediation among alternative ways of resolving labor disputes, which is quite developed in international practice today, are mentioned. Because mediation is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and used only by mutual consent of the parties to the dispute, the main purpose of which is different from other ways of resolving disputes - maximum autonomy, confidentiality and voluntariness. The conflict does not come from the mediator (or the judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, who determine what methods, deadlines, conditions for resolving the conflict will be reached and set out in the agreement of the parties to mediation. It is concluded that the adoption of the Law of Ukraine "On Mediation", amendments to a number of domestic codes, which provide for the possibility of using mediation in resolving a wide range of disputes, is a step in the right direction. At the same time, it was stated that there are no provisions on mediation in the current Labor Code of Ukraine. It is noted that its provision in the Draft is the right decision, as this alternative way of resolving the dispute will help relieve the courts of a significant number of cases arising from employment, will help resolve conflicts (disputes) over the protection of labor rights.

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Available abstract

The article considers mediation as one of the alternative ways to resolve individual labor disputes, analyzes the views of scientists, current legislation in this area, on the basis of which certain conclusions are made. The importance of implementing mediation procedures in labor law was emphasized, as it will be an effective mechanism for reconciling the parties in labor law with minimal costs of financial, time and human resources. The advantages of introducing mediation among alternative ways of resolving labor disputes, which is quite developed in international practice today, are mentioned. Because mediation is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and used only by mutual consent of the parties to the dispute, the main purpose of which is different from other ways of resolving disputes - maximum autonomy, confidentiality and voluntariness. The conflict does not come from the mediator (or the judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, who determine what methods, deadlines, conditions for resolving the conflict will be reached and set out in the agreement of the parties to mediation. It is concluded that the adoption of the Law of Ukraine "On Mediation", amendments to a number of domestic codes, which provide for the possibility of using mediation in resolving a wide range of disputes, is a step in the right direction. At the same time, it was stated that there are no provisions on mediation in the current Labor Code of Ukraine. It is noted that its provision in the Draft is the right decision, as this alternative way of resolving the dispute will help relieve the courts of a significant number of cases arising from employment, will help resolve conflicts (disputes) over the protection of labor rights.

Key concepts: Mediation, Labor disputes, Lawyer supported mediation, Party-directed mediation, Alternative dispute resolution, Negotiation, Voluntariness, Law and economics

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