PECULIARITIES OF MEDIATION IN THE SETTLEMENT OF LABOR DISPUTES

Abstract

In the article the peculiarities of legal regulation of the settlement of labor disputes are analyzed. A list of them has been determined. The content of each of them is described. Based on the substance of the mediation of the parties' desire to resolve the conflict, they are themselves interested in fulfilling the decision that the parties will make jointly. Accordingly, if no such decision has been taken, the mediation procedure will be followed either by arbitration or a trial, the decision of which is binding on the parties, regardless of their will. The author emphasizes the importance of ensuring proper legal regulation, which would guarantee the possibility of applying the mediation process to resolve all types of labor conflicts on the basis of material and procedural equality, while maintaining the flexibility of mediation and its independence from the state. On the basis of the scientific approaches analyzed, the general features of mediation of labor dispute are distinguished: lawfulness, confidentiality, reflectivity, professionalism. And also on the basis of the analyzed material and analyzing the concept of mediation of labor disputes, it is possible to distinguish the following specific features: interest of the parties, flexibility, voluntary performance and differentiation of reasons for holding.