Library Thumbnail Image

Number Of Pages: 100

Publication Year: 2019

ISBN: 978-9941-8-0866-1

MEDIATION_1550573042.pdf

The research presented here sets out to serve this purpose. In addition to using the normative framework, practices and international standards, the research significantly relies on the experiences of individuals who took part in mediation as well as observations of social partners.

The legal analysis part of this study seeks to identify the legal and practical deficiencies of the mechanism, to look at international standards and practices in this regard, and by means of comparative analysis work out specific recommendations in administering the mechanism, as well as prevent collective labor disputes and improve the effectiveness of settlements reached through mediation. The sociological part of the research examines not only procedural and enforcement gaps of the mechanism, but also tries to tackle the challenges related to its incorporation in labor.

politics and the consequences of structural factors on the performance of the mechanism. Importantly, both parts of the research analyze the labor mediation mechanism in a manner which does not isolate the mechanism from other developments in the field of labor, but rather explore it against the backdrop of existing labor policies, conditions of employees and other structural challenges.

The first chapter of the legal part analyzes the institutional framework of the mediation mechanism and the role of the government in its performance as well as the components in effective administration. The second chapter looks at preventive measures of mediation, while chapter examines the issues related to the enforcement of agreements reached through mediation.

The beginning of the sociological part of the study reviews existing international as well as local literature related to mediation and the main tendencies. Chapter one examines the historical aspects of the formation of labor mediation and the dynamics of its development at the international level and in the local context. The results of inclinations and attitudes study of the participants in mediation process are given in chapter two.

The publication closes with the conclusion and recommendations addressed towards institutions responsible for this mechanism as well as effective mediation. It aims to create a broader view of development of the mechanism where mediation is looked as part and parcel of larger labor policies and to formulate short and long term objectives for advancing mediation as an important instrument.

MEDIATION_1550573042.pdf