Journal article Open Access
Nataliia M. Hres
The article analyzes the main stages of the formation and development of mediation in the resolution of labor disputes in foreign countries. The reasons that contributed to the process of formation of mediation for the resolution of individual and collective labor disputes are analyzed, the main models of mediation used for their solution are determined.
The development of mediation is one of the priority directions of improvement of existing mechanisms for resolving disputes and protecting violated subjective rights in various spheres of public life, including labor relations. The question of the expediency of the use of mediation for the settlement and resolution of labor disputes and the prospects for its application is relevant in the context of Ukraine's European integration. It should be borne in mind that the issue of conciliation procedures is covered by numerous recommendations and decisions of the Council of Europe. All this necessitates the study of the legislation of foreign countries on mediation in the resolution of labor disputes, peculiarities of application, approaches to the implementation of mediation in order to integrate it into the judicial system of Ukraine in accordance with European standards.
The practice of solving labor disputes in the western countries is clearly demonstrating the active and successful use of mediation, its high performance. The main prerequisite for its implementation is the initiative of the parties, the involvement of the mediator in resolving the dispute, the confidence in the greater possibilities of mediation, the understanding that traditional litigation is not able to meet the needs of the parties to the dispute in full. After all, the court, in resolving a labor dispute, considers only legal aspects, regardless of psychological and other factors. An important factor in the impact on the development of mediation is state support, legislative provision of the procedure for conducting, financing, and encouraging mediation by the court.
Mediation in each country has gone its own way of development, has found variously legal consolidation. Labor mediation, endowed with specific features that distinguish it from other types. The use of mediation in the resolution of labor disputes has different levels of legal regulation, significantly different ways of implementation, different flexibility in each country. First of all, the model of mediation should comply with the system of legislation, justice and cultural traditions of the state.