| Abstract [eng] |
Most European countries became familiar with mediation process relatively recently, only in a last few decades this alternative labour disputes solving method became increasingly popular in majority of the countries. Considering that mediation process consists of a few different stages as well as multiple techniques in this research I am providing a few different scenarios. Depending if mediation is compulsory stage of dispute solving there are two types of mediation: compulsory or voluntary. In Lithuania compulsory mediation is not used in practice, only voluntary mediation process is approved by Labour Code. Only recently institute of mediation was established in Lithuania. In my article I am aiming to analyse mediation process as a tool of collective labour disputes solving in Lithuania as well as defining the nature of collective labour disputes and briefly describing other collective disputes solving methods. Certain rules need to be accomplished in order for mediation to be used, it has to be voluntary, confidential and flexible process acceptable by all parties involved in the dispute. Interestingly what makes mediation different to other dispute solving techniques is that mutual agreement must be reached in the course of the process, it encourages parties and organisations to use mediation as most, civilized and diplomatic way to solve the dispute to keep a professional working relationship. Many will agree that mutually reached agreement is more effective than a court order. In different countries understanding and definition of mediation process as well as it's length and effectiveness varies. I this artical I am analyzing and comparing mediation process as a method of collective disputes solving in Lithuania, Sweden, Netherlands, Slovakia and Spain. |
