PROBLEMS OF APPLYING THE MEDIATION PROCEDURE IN RESOLVING LABOR DISPUTES

In the article, the author raises the problem of legal regulation of the use of mediation in resolving labor disputes. As statistics show, the mediation procedure is not widely used in the resolution of individual labor disputes, which is due to the compensation of this procedure, while in the resolution of individual labor disputes in the labor dispute commission and in court, the employee is exempt from court costs, and the costs of paying for the services of a mediator are not included in court costs. Analyzing the opinions of scientists regarding the expediency of extending the mediation procedure to individual labor disputes, the author comes to the conclusion that this procedure should be preserved, the maximum time for mediation reduced and the employee exempt from the costs of paying for the services of a mediator. In relation to collective labor disputes, the law on mediation prohibits the use of this procedure. A similar position is contained in the draft of the new law on mediation proposed by the Ministry of Justice of the Russian Federation. Meanwhile, the author argues for extending the mediation procedure to collective labor disputes, since there is a certain similarity between the consideration of a collective labor dispute with the participation of a mediator and the mediation procedure, and this also corresponds to the world practice of resolving collective labor disputes. In this regard, the author proposes the relevant amendments to the Federal law “On alternative dispute settlement procedure with participation of a mediator (mediation procedure)” and the Labor Code of the Russian Federation. In addition, it is necessary to maintain this position in the draft of the Federal Law “On alternative dispute settlement procedure with the participation of a mediator in the Russian Federation” proposed by the Ministry of Justice of the Russian Federation.

mediation, individual labor dispute, collective labor dispute, labor dispute commission, intermediary, mediator, employee, employer, employment relations, court costs.

Lada A. S. Problems of applying the mediation procedure in resolving labor disputes. Business. Education. Law, 2021, no. 1, pp. 278—282. DOI: 10.25683/VOLBI.2021.54.148.