The Mediation in the Settling Collective Labour Disputes
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Abstract
In the new Labour Code of the Republic of Lithuania provisions regulating collective labour relations have a significant meaning. The collective agreements regarding these regulations have a great importance regulating labour relations and setting the work conditions. However, in the relations of the contractual nature the danger of conflicts arises unavoidably. For this reason the Labour Code regulates the method of solution of the collective labour disputes. Firstly, it strives to find solution of the disagreements between the parties of collective labour relations in the way of the bargaining.
According to the Article 70 of the Labour Code mediation is considered as the last stage of bargaining. During the process of mediation parties of conflict are trying to find the right decision for both of them. To reach this the third, neutral party - mediator - is providing his help. The mediator not only analyses the conflict situation and takes role in the process of bargaining and discussions between parties of conflict. Above-mentioned specialist provides recommendations for presumptive solutions of the conflict. It shows that the parties of conflict, on the one hand, are free to make adecision, but on the other hand, they have the possibility to profit by the help of mediator. This way of solving collective labour disputes is a new one in the Lithuanian Labour Law.
In fact, the Labour Code does provide neither the rules of choosing certain mediator nor the mediation process itself. Such questions are left for parties to decide by the agreement. Of course, it prejudices the possibility to solve the conflict by means of the mediator quickly and smoothly. Besides, we don't have an adequate practice in the Lithuania too. Consequently in future the institute of mediation must be developed and detailed in the rules of law. The special independent mediatory institution must be established. Such an institution cannot just to take mediation services, but also to select and analyse information concerned the collective labour disputes, and to execute the preventive activity.
In the article later are discussed: the nature of mediation as a process of solution of the collective labour disputes, some practice in the foreign countries. Proposals for the development of the institute of mediation are given as well.
According to the Article 70 of the Labour Code mediation is considered as the last stage of bargaining. During the process of mediation parties of conflict are trying to find the right decision for both of them. To reach this the third, neutral party - mediator - is providing his help. The mediator not only analyses the conflict situation and takes role in the process of bargaining and discussions between parties of conflict. Above-mentioned specialist provides recommendations for presumptive solutions of the conflict. It shows that the parties of conflict, on the one hand, are free to make adecision, but on the other hand, they have the possibility to profit by the help of mediator. This way of solving collective labour disputes is a new one in the Lithuanian Labour Law.
In fact, the Labour Code does provide neither the rules of choosing certain mediator nor the mediation process itself. Such questions are left for parties to decide by the agreement. Of course, it prejudices the possibility to solve the conflict by means of the mediator quickly and smoothly. Besides, we don't have an adequate practice in the Lithuania too. Consequently in future the institute of mediation must be developed and detailed in the rules of law. The special independent mediatory institution must be established. Such an institution cannot just to take mediation services, but also to select and analyse information concerned the collective labour disputes, and to execute the preventive activity.
In the article later are discussed: the nature of mediation as a process of solution of the collective labour disputes, some practice in the foreign countries. Proposals for the development of the institute of mediation are given as well.
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Please see Copyright and Licence Agreement for further details.
