The growing role of mediation in resolving labour disputes

Abstract

In the article, the author has emphasized that mediation is faster and easier than litigation, and also brings monetary and non-monetary savings. Monetary savings include the reduction of costs associated with the involvement of lawyers, and the implementation of various procedural and procedural actions. An example of non-monetary savings is the reduction in the amount of stress and anxiety that typically occurs during litigation. And so having a neutral person who can make judicious use of confidential meetings greatly improves the negotiation process. For example, a mediator can provide a necessary reality check by helping the parties assess their strengths and weaknesses.In the article, it has been proved the gradual and decisive increase in the importance of mediation in the resolution of labour disputes, as well as the significant importance of mediation in the USA is given as an example. In the United States, the use of alternative dispute resolution (ADR) by the federal government has increased largely due to the adoption of special laws that direct or encourage the use of this method of labour dispute resolution. Mediation in labour disputes in the US has also become widespread in the private sector.Basic statutes in the US encourage the use of ADR in employment discrimination cases. The National Labour Dispute Resolution Act of 2001 (NEDRA) required, among other things, all federal agencies, courts, and other companies that receive $200,000 or more in federal funds to establish internal labour dispute resolution programs or systems that would provide for voluntary the option of employee access to external certified third parties – mediators for consideration of complaints in labour law matters.The author has concluded that mediation is aimed at solving problems: fixing things for the future replaces focusing on whom to blame for past events. Mediation maximizes autonomy by allowing the parties to maintain confidentiality – to develop an agreement that «tailors» to settle all aspects, guided by the position of each party, and that includes terms that go beyond what a court could decide. Such an agreement can be considered fairer than one imposed by a third party. Mediation thus offers the possibility of an integrative, «win-win» solution that meets the interests and needs of both parties. Mediation often provides an opportunity for emotional catharsis, helps maintain or restore relationships between parties, and provides greater awareness of conflict management