The dissertation is devoted to the theoretical and legal characteristics of
mediation as a way of resolving labor disputes. The essence of its role and
optimization are outlined. Mediation itself and the mediation process are described
as one of the important levers in today that ensure the resolution of labor disputes.
The main focus was on a comprehensive analysis of the features of the mediation
procedure, ways to solve the most acute problems, in terms of labor law, which in
the process helped the author to highlight the importance of the phenomenon, as
judicial methods of resolving labor disputes exhaust themselves. The author
analyzed the mechanism of legal regulation of mediation as a way to resolve labor
disputes. Problems of legal regulation of mediation as a way of resolving labor
disputes have been identified, of which the main drawback was the Ukrainian
legislation, which is the lack of a legal act that would regulate the issue of mediation.
The search for ways to optimize the legal regulation of mediation as a way to resolve
labor disputes.
The concept, essence and features of legal regulation of mediation as a way of
resolving labor disputes are studied. In the process, the author defined a number of
terms, one of which is the mediation of labor disputes, which the author defined as
a systematic activity of a professional and neutral mediator, carried out on the basis
of confidentiality, independence and in accordance with legal norms.
misunderstandings between them regarding the conclusion, interpretation and
termination of employment, collective agreements and due to violations of the law
and come to a mutual decision. No less important attention was paid by the author
to the essence of mediation of labor disputes, which the author defined as a solution
to the misunderstanding caused by different visions of the subjects of labor relations
opportunities to ensure their own interests. This decision is made by clarifying and
communicating to the mediator through the use of special methods and techniques
to each party the real causes of the conflict, expanding the vision of its solution by
redirecting each party from its own position to the desired goal it seeks to achieve.
Regarding the signs of mediation of labor dispute, the author singled out general and
special. The general features of labor dispute mediation included: legality,
confidentiality, reflectivity, professionalism. The special features of mediation of
labor disputes included: interest of the parties, flexibility, voluntary performance,
differentiation of the causes.
The author comprehensively studied the features of the current state of labor
dispute mediation in Ukraine and the world. Analyzing the current state of mediation
of labor disputes in the US, the author highlighted the following features:
heterogeneity, which is manifested in different approaches to the institution of
mediation of labor disputes, differentiation associated with different types of labor
disputes, state security, as mediation not only resolves conflicts between employers
and employee but also to ensure the state interests. Regarding the peculiarities of the
current state of mediation of labor disputes in European countries, the following was
highlighted: based on principles, dualism, voluntariness. Paying attention to the
Ukrainian legislation, the author singled out the following features of the current
state of labor dispute mediation: unsystematic, limited, dichotomous connection
with the state. Analyzing the features of the current state of mediation, the author
highlighted the general features of the current state of mediation in resolving labor
disputes: law enforcement role, dispositiveness, principledness, procedural nature,
purposefulness.
The general principles of mediation in resolving labor disputes are defined: 1)
the principle of neutrality and independence; 2) the principle of self-determination,
3) the principle of equality. The special principles of mediation in resolving labor
disputes include: 1) the principle of good faith; 2) the principle of professionalism;
3) the principle of specialization.
