Conciliation procedures in the resolution of labour disputes

Abstract

It has been emphasized in the article that many employees and employers increasingly choose alternative methods of labour dispute resolution (alternative dispute resolution – ADR) – conciliation procedures, such as mediation. ADR offers a means of ensuring justice in the workplace for more workers at a lower cost and helps to “clean up” the backlog of statutory dispute resolution institutions, and thus helps public institutions to meet society’s need for labour dispute resolution more effectively.The author has drawn attention to the fact that historically, organizations responded to conflict only when it arose; they did not develop planning by conflict. However, today the situation has changed dramatically and organizations are increasingly implementing dispute resolution planning systems, which represent a systematic approach to conflict prevention, management and resolution that focuses on the cause of conflict within the organization.The author has concluded that the important features of project systems for resolving labour disputes – ADR are: 1) to help resolve labour disputes/conflicts, bringing common sense, goodwill and professionalism to the fore; 2) to provide a safe environment for expressing one’s positions, because disagreements and problems must be freely highlighted; 3) stimulate a clear and balanced decision, which should be the product of a free and constructive discussion, in which everyone has the opportunity to express their position freely and without hesitation.The author has summarized that the introduction of ADR in the organization, the resolution of internal complaints, disciplinary procedures and the implementation of the conflict management system has a number of advantages. These include: greater transparency of workplace procedures, procedural flexibility, efficiency and confidentiality that ensures party confidentiality and protects the organization’s reputation. ADR can also offer greater “sensitivity” to the needs of a particular workplace and especially its employees in highly sensitive and personal disputes, such as claims of sexual harassment, harassment, mobbing, etc. In addition, in facilitating consultative ADR processes, an agreement reached in a workplace dispute may contain a wide range of new outcomes that are not normally part of a court decision, and which may provide conflict resolution options that better suit the needs of each party.