Abstract
Mediation was popularized in modern times in the United States. Its origins were found in the mediation of labour disputes between unions and employers, as a means of avoiding strikes, and currently it is used more and more frequently in individual employment matters. While mediation is not as widespread in Poland to date, its use in labour and employment cases appears to have a similar arc of development. Since the 1990s, mediation has had a central and positive role in resolving collective labour disputes, and now it is being used increasingly in individual employment cases. This paper explains these developments, with a particular focus on the evolution and scope of employment mediation under Polish and European Union law. The author concludes that although the basic framework exists for mediation to develop further in Poland, further reforms would be helpful to ensure its success.
Highlights
In discussing labour mediation in Polish labour law, it is first necessary to define several terms
As the strength of American labour unions has declined in recent years, mediation has spread its roots into individual employment matters
There is not yet a definitive answer whether the above-mentioned potential changes in Polish mediation law will be effective in popularizing the use of mediation by employers and employees, but at least it would be another step in that direction
Summary
In discussing labour mediation in Polish labour law, it is first necessary to define several terms. Mediation was successfully used as a means of resolving disputes between labour unions and employers in the United States (“U.S.”) as early as 1878. There are greater prospects for its use in individual employment cases in Poland In large part, this is connected with the push from the European Union (“EU”) since the early 2000s (and especially with the introduction of Directive 2008/52/EC of 21 May 2008 (“Mediation Directive”8)) to make mediation generally more widespread in its member states, including Poland. While most Polish legislation concerning mediation (including that introduced in response to the Directive) has been generally applicable to civil cases, there are specific issues that arise – under both Polish labour law and EU law – when these rules are applied to employment cases. Even though Article 243 is not absolutely binding and its violation does not cause any negative sanctions for either the employee or the employer, it still has symbolic value in creating an impetus for parties to seek out and use mediation in employment matters
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