PECULIARITIES OF THE MEDIATION PROCESS IN THE CONTEXT OF LABOR DISPUTES

Abstract

The article is devoted to the study of the unique aspects of the mediation process in labor dispute resolution. The relevance of the study is due to the growing number of labor conflicts and the need to find effective mechanisms for their settlement. The purpose of the article is to identify the problems that complicate the use of mediation in labor dispute resolution and to propose ways to resolve them. To achieve this goal, the study solved a number of tasks: the essence of the concept of "mediation" was defined, including in the context of labor disputes; the main stages of the mediation process and its features were investigated; the problems which complicate the use of mediation in resolving labor disputes were outlined and ways to solve them were proposed. The study uses general scientific methods of cognition: induction and deduction, analysis and synthesis, association and analogy. The study found that the main features of the mediation process in the context of labor disputes are its voluntariness and confidentiality, simplicity and accessibility of labor dispute resolution, neutrality, independence and impartiality of the mediator, equality of rights of the parties and independence in decision-making, clear definition of the rights and obligations of the parties, and conflict-free resolution of labor disputes. Mediation is an effective and attractive tool for resolving disputes in the field of labor relations, but its use is complicated by a number of problems. These problems include: insufficient public awareness of the benefits and possibilities of mediation in the field of labor relations; lack of a clear definition of mediation forms and its correlation with existing dispute resolution methods in the legislation; unregulated procedure for the implementation of a mediation agreement; lack of mediators who have not only judicial but also mediation qualifications. The solution to these problems requires conducting information campaigns and training programs to raise public awareness of mediation opportunities; establishing forms of mediation at the legislative level, determining its place along with other alternative dispute resolution methods; legislative regulation of the procedure for the implementation of a mediation agreement; introduction of the institute of mediators and their training. The practical significance of the study lies in the possibility of improving mediation procedures in the field of labor disputes, which will help to reduce conflicts in the workplace, increase transparency of dispute resolution and create a favorable working environment for all parties.