QUALIFICATION AND ETHICAL REQUIREMENTS FOR A MEDIATOR, TAKING INTO ACCOUNT THE SPECIFICITIES OF MEDIATION IN INDIVIDUAL LABOUR DISPUTES

Abstract

The aim of this article is to examine the qualifications and ethical standards required of a mediator, with particular attention to the nuances of mediation in the context of individual labour disputes. The research draws upon a range of philosophical, general scientific and special legal methods of inquiry.

The article examines the qualifications and ethical standards required of a mediator, with a particular focus on the specifics of mediation in the context of individual labour disputes. The personality of the mediator is an important element of the mediation process, as the outcome of the mediation process depends to a large extent on the attitude and behaviour of the mediator. It would be beneficial for a mediator to be a neutral third party who helps the parties to reach an agreement. The mediator’s tasks include: establishing contact between the parties, offering the possibility of mediation, facilitating negotiations between the parties, accepting their positions, advising the parties on possible solutions, providing clarification and assisting in the drafting of a settlement agreement. We believe that the successful performance of these tasks may depend on appropriate training and special skills. The specific nature of the mediator’s work places considerable demands on him or her. It is therefore clear that professionalism is ensured by a high level of professional training, as well as by appropriate moral and ethical qualities and work experience.

The article goes on to prove that the mediation procedure for resolving an individual labour dispute will be more effective if the mediator has legal knowledge and understands the legal nature of the labour dispute. The mediator, with an understanding of the legal consequences of the decision taken, can help guide the parties towards a decision that is fully satisfactory to them and does not contravene the law, and can assist in the preparation of a draft mediation agreement.