Mediacja jako sposób na rozwiązanie sporu między pracodawcą a pracownikiem
Mediation as a Way to Resolve a Dispute Between an Employer and an Employee

Summary/Abstract: Alternative Dispute Resolution (ADR) methods are increasingly becoming a viable alternative to the judicial dispute resolution model. It is a slow and long-lasting process, as evidenced by the fact that the first mediation procedures were introduced into the Polish legal order at the beginning of the 1990s as part of the regulation concerning the resolution of collective disputes. In the study, we would like to focus on the issue of using the mediation institution in labor disputes both at the pre-trial stage and as part of pending court proceedings. As it seems, the labor law ground is one of the areas in which mediation in a special way is a real chance to develop an agreement acceptable to both parties to a greater extent guaranteeing the implementation of such a settlement, without the need to resort to enforcement proceedings. Often, in labor disputes, the subject of the dispute is not legal but factual issues for which the courtroom and the path of the court process are not well suited. A better place will be to take advantage of the possibility of conducting mediation proceedings and clarifying any doubts and misunderstandings as well as determining the actual expectations of the parties in a confidential atmosphere with the participation of an impartial and neutral third party, a mediator.

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