ON THE FUTURE OF MEDIATION IN INDIVIDUAL EMPLOYMENT DISPUTES IN THE LIGHT OF RECENT CHANGES IN THE MEDIATION ACT, THE CIVIL PROCEDURE CODE AND THE LABOR CODE

Andrey Aleksandrov ()
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Andrey Aleksandrov: Institute for the State and the Law - Bulgarian Academy of Sciences

THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021 CONFERENCE PROCEEDINGS, 2023, issue 1, 26-44

Abstract: Among the last legislative activities of the 48th National Assembly was the adoption of some important amendments to the procedural legislation aimed at expanding the scope of mediation as a means of voluntary settlement of civil disputes. Given the well-known problem of judicial overload and delays in resolving cases, the idea certainly deserves support. It is often pointed out that delayed justice is practically equal to denial of justice, and this is unaccept able in a country that defines itself as "governed by the rule of law" already in the Preamble of its Constitution. The purpose of the present research is to seek an answer to a private, but far from unimportant question: how the mentioned changes will affect the court proceedings in individual labor disputes and whether and to what extent they can be expected to solve the existing problems in this sphere. It goes without saying that labor disputes usually affect the essential interests of citizens, most often related to their main source of income, and means of support for themselves and their families. That is why their timely and correct solution is of particular importance, both on an individual and societal level. With the disclaimer that the practice of applying the new rules is yet to be developed and at this stage the assessment of their effectiveness can only be predictive, there are obviously no grounds for too much optimism.

Keywords: individual labor disputes; mediation; out-of-court dispute resolution; amendments to the Civil Procedure Code; Mediation Act; Labor Code (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2023
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