Mediation Techniques in Labor Conflicts

Abstract

In the event of a labor dispute, the employer and the employee can resort to mediation. Mediation is an alternative way to the court that aims to resolve the confl ict between the parties amicably, with the help of a third person, namely the mediator. The purpose of this work is to inform the citizens of the Republic of Moldova about mediation techniques in the resolution of labor disputes. The alternative solution of civil cases was the object of analysis in reports devoted to the effi ciency and modernization of justice, being concerned that judges and lawyers in Moldova are still not prepared for the use of this method. The author set himself as an object: the popularization of labor dispute mediation techniques; raising public awareness of the benefi ts and advantages of mediation, the activity of a mediator, international practices and the complexity of the fields in which mediation can be used; increasing public confidence in the mediation process and its effects. Mediation techniques are those that allow us to go to the root of the problem and solve it more or less quickly. One of the most important functions of the personnel department is the resolution of labor conflicts, which will ensure a good working environment. Mediation means finding an agreement acceptable to the parties, but not ensuring justice. Labor conflicts generally concern aspects related to the continuation, termination, execution of an individual employment contract. Another category of conflicts concerns collective labor contracts. The third category concerns workplace conflicts that arise between colleagues or departments. Mediation offers the possibility of resolving these conflicts in a short time, turning an unfavorable situation into a new opportunity and finding long-term solutions.