MEDIEREA ŞI ARBITRAJUL LITIGIILOR DE MUNCĂ
MEDIATION AND ARBITRATION IN EMPLOYMENT DISPUTES

Summary/Abstract: If a labor dispute arises, the parties will act in good faith and attempt to resolve it amicably. To this end, the parties may decide, by consensus, to initiate alternative procedures for settling employment disputes, among which mediation and arbitration play a key role. Mediation is both a conflict resolution and conflict prevention tool, as employers and employees can use mediation to identify possible sources of disagreement or tension in advance, before a workplace conflict starts, so that they do not escalate into an open or escalating dispute. If mediation fails, the parties can agree to settle the dispute through arbitration. Arbitration is an alternative dispute resolution mechanism in which the parties (employer and employee) agree to use an arbitrator or arbitral tribunal to make a binding decision on their dispute, avoiding going to court.

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