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On The Correlation Between The Out-Of-Court Mechanisms For Resolving Collective Labor Disputes Under The Settlement Of Collective Labor Disputes Act And The Mediation

Author

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  • Andrey Alexandrov

    (Institute for the State and the Law - Bulgarian Academy of Sciences)

Abstract

The study draws a parallel between out-of-court mechanisms for resolving collective labor disputes regulated by the Settlement of Collective Labor Disputes Act and the mediation. Based on the outlined similarities between them, the thesis is argued that there are two parallel and overlapping mechanisms for settling these disputes. Therefore, there is an obvious need for the special Settlement of Collective Labor Disputes Act to clearly define which disputes can be resolved through the methods provided for in it, in particular labor arbitration, as well as to normatively determine the correlation between the procedures under the Settlement of Collective Labor Disputes Act and the Mediation Act. It is logical for legal entities and individuals to distrust the use of alternative dispute resolution mechanisms if they do not give them certainty that they will achieve a result like the judicial one.

Suggested Citation

  • Andrey Alexandrov, 2022. "On The Correlation Between The Out-Of-Court Mechanisms For Resolving Collective Labor Disputes Under The Settlement Of Collective Labor Disputes Act And The Mediation," THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021 CONFERENCE PROCEEDINGS, University publishing house "Science and Economics", University of Economics - Varna, issue 1, pages 105-117, September.
    • Handle: RePEc:vra:pr2109:y:2022:i:1:p:105-117
    DOI: 10.36997/MDPS2022.11
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    More about this item

    Keywords

    collective labor disputes; out-of-court mechanisms for resolving disputes; negotiations; conciliation; arbitration; mediation;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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