ON THE CORRELATION BETWEEN THE OUT-OF-COURT MECHANISMS FOR RESOLVING COLLECTIVE LABOR DISPUTES UNDER THE SETTLEMENT OF COLLECTIVE LABOR DISPUTES ACT AND THE MEDIATION

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

THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021 CONFERENCE PROCEEDINGS, 2022, issue 1, 105-117

Abstract: The study draws a parallel between out-of-court mechanisms for resolving collective labor disputes regulated by the Settlement of Collective Labor Disputes Act and the mediation. Based on the outlined similarities between them, the thesis is argued that there are two parallel and overlapping mechanisms for settling these disputes. Therefore, there is an obvious need for the special Settlement of Collective Labor Disputes Act to clearly define which disputes can be resolved through the methods provided for in it, in particular labor arbitration, as well as to normatively determine the correlation between the procedures under the Settlement of Collective Labor Disputes Act and the Mediation Act. It is logical for legal entities and individuals to distrust the use of alternative dispute resolution mechanisms if they do not give them certainty that they will achieve a result like the judicial one.

Keywords: collective labor disputes; out-of-court mechanisms for resolving disputes; negotiations; conciliation; arbitration; mediation (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vra:pr2109:y:2022:i:1:p:105-117

DOI: 10.36997/MDPS2022.11

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