On the issue of labour dispute resolution through mediation as one of the ways to protect the right to labour

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The article examines the issues of labour dispute resolution through mediation as one of the alternative ways of protecting the right to work. It is found that the legislator has established and outlined the legal basis for conducting an out-of-court conflict resolution procedure (mediation) by mutual agreement of the parties to the conflict and with the participation of an intermediary (mediator), and has also defined the principles of mediation, regulated the procedure and procedure for its conduct, and determined the legal status of the mediator, his/her rights and obligations, and liability. The author proves that when using mediation as a method of labour dispute resolution, it is necessary to take into account the mediator’s competence when choosing a mediator. It is proved that mediator competence is a complex of professional knowledge, skills and abilities, as well as experience of one’s own activities, which allow making objective judgements and making accurate decisions for conflict resolution. The author identifies the components of mediation competence which should be taken into account when selecting a mediator for labour dispute resolution, namely: motivational, cognitive, activity, and personal. The author establishes that the choice of a mediator for labour dispute resolution should be based on the following criteria for assessing his/her competence: conceptual - understanding of the theoretical foundations of the profession; instrumental - mastery of the basic methods and technologies of mediation; contextual - taking into account the geographical, political, legal, cultural, economic conditions of activity; projective - anticipation of risks, forecasting the results of various types of professional activity. It is proved that a mediator involved in the settlement of labour disputes with a view to protecting the constitutional right to work should be fluent in the art of organising and conducting negotiations, know the current labour legislation and the technique of questioning, the rules of rational discussion, and be proficient in rhetoric and argumentation in order to quickly and effectively persuade the conflicting parties and professionally smooth out conflicts. It is concluded that by taking into account the proposed components as criteria for selecting a competent mediator when engaging him/her in the settlement of labour disputes, one of the major obstacles to the use of mediation for the purpose of settling labour disputes as a way to protect the constitutional right to work will be overcome.