SIGNS OF MEDIATION AS A METHOD OF SETTLEMENT OF LABOR DISPUTES

Abstract

The specificity of mediation as a way of
resolving labor disputes is analyzed in the article.
The meaning and role of this legal category are
detailed. The list of signs of mediation as a way of
resolving labor disputes is determined. The contents
of each of the identified features are disclosed.
It is stated that the scientist A.O. Dutko
diligently on the topic of mediation defines the
following features of it: “the alternative of mediation
to litigation; voluntary choice of mediation
procedure by conflicting parties. " It also specifies
such mediation features as the presence of a special
mediator in the settlement of disputes, a mediator
who is called upon to contribute in every possible
way to the prevention or mitigation of conflict and to
the definition of the purpose of mediation. G.S.
Goncharova points out that mediation has a number
of advantages over court proceedings, including:
“first, it provides speed; second, the lack of a clear
procedural framework contributes to a more free
atmosphere and willingness of the parties to the
conflict to cooperate; thirdly, consensus-based
decision-making is generally followed, and, finally,
mediation facilitates communication between the
parties, namely cohesion in society in general. ”
According to Z.V. Krasilovskaya, the signs of
mediation should include such as: "the existence of a
legal dispute between the parties; dispute resolution
and direct adjudication by the parties; the presence
of a third party - mediator, which facilitates
communication between the parties, but does not
resolve the dispute on the merits; 4) lack of strict
legal regulation of the procedure; the existence of a
mediation agreement and the impossibility of
enforcing it without recourse to the competent
authorities".
Based on the research, the author concluded that mediation, as a way of resolving labor disputes, has the following general features: confidentiality; consensus; optimality. Also, based on the experience of other scholars, it is possible to conclude the following special features of mediation as a way of resolving labor disputes: specialization; flexibility of procedure; economic and legal consequences.
Keywords: mediation, labor disputes, labor conflict, labor legislation, method of dispute resolution.