Professional and legal requirements for a mediator in resolving individual labor disputes in Ukraine

Abstract

The aim of the work is to analyze the qualifications and ethical requirements for a mediator, considering the peculiarities of conducting mediation in individual labor disput. Philosophical, general scientific and special legal methods of cognition were used for the research.

The article analyzes the qualification and ethical requirements for a mediator, taking into account the peculiarities of mediation in individual labor disputes. The personality of the mediator is an important element of the mediation procedure since the outcome of the mediation procedure largely depends on his attitude and behavior. First, the mediator should be a neutral third party who supports the parties to the conflict in reaching an agreement.

The tasks of the mediator include: establishing contact between the parties, providing the possibility of mediation, moderation, mediation in negotiations between the parties, accepting their positions, advising the parties on possible solutions, providing explanations, assistance in drawing up a settlement agreement.

In our opinion, the successful performance of these tasks depends on proper preparation and the availability of special skills. Due to the specificity of the mediator’s qualification work, significant requirements are put forward. Thus, the issue of professionalism is ensured by the acquisition of high-quality professional education, and the presence of appropriate moral and ethical qualities and experience.

The article proves that the mediation procedure for solving an individual labor dispute will be more effective with a mediator knowledgeable in the legal field, who understands the legal nature of the labor dispute. The mediator, understanding the legal consequences of the decision made, can direct the parties to make a decision that fully satisfied them and did not contradict the law, and help with the drafting of a mediation agreement. We believe that a mediator with a legal education excludes the additional involvement of a lawyer when resolving an individual labor dispute.