MEDIATION AS AN ALTERNATIVE WAY TO SOLVE THE LABOR DISPUTES
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. The general context of powerful state and legal reforms in Ukraine leads to the need to find innovative approaches to solving various issues, one of that is the effective regulation of resolving conflicts in various areas of public life. The traditional way of solving these problems has been the court. However, domestic scholars carefully study alternative means and methods of dispute resolution existing abroad. Target of research. The aim of the study is to analyze such alternative method of dispute resolution as mediation in the context of solving labor disputes between employees and employers. Analysis of recent researches and publications. The question of mediation is still unexplored by legal scholars, including Ukrainian scientists. There are few articles of T. M. Khudyakova, M. I. Tereshchenko, A. Zalar, A. P. Evseev and A. V. Fedkovich. Article’s main body. This article explores mediation as an alternative way to resolve the labor disputes. It’s outlined the history of its origin and development. Mediation described as an effective mechanism of conciliation in labor law. It has been studied the regulation and operation of mentioned method of resolving the labor disputes in near and far abroad countries. The complex factors that favor the implementation mediation in our country have been studied. Conclusions and prospects for the development. Giving the proper respect to the truth and justice in court, today in Ukraine there is a need for the adoption of standards to introduce the alternative measures to resolve the disputes – namely, conciliation, mediation and restorative justice to balance the interests of the parties in conflict.
Authors and Affiliations
O. G. Sereda
Keywords
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