Postępowanie mediacyjne w sprawach z zakresu prawa pracy

Abstract

The subject matter of the dissertation embraces issues concerning mediation in labour law disputes. The article is focused on the amendments which were enacted into the Civil Procedure Code on 1 January 2016. They should contribute to an increase in the significance and popularity of such method, which is an alternative to judicial procedures and relatively inexpensive. As previously, mediation may be conducted under an agreement between the parties (employee and employer) and the mediator, or by decision of the court. At present the court may direct the parties to mediation at every stage of judicial procedures and it can proceed in that way many times. Moreover, before the first trial term the court may oblige the parties to take part in an informative meeting concerning mediation. The aim of the meeting is to impel the parties to reach mutual agreement. In spite of the fact that mediation, as before, is voluntary, the legislator has enhanced instruments which are supposed to restrain the parties from an unjustified refusal to participate in mediation proceedings. According to the Civil Procedure Code, the dissenting party may be charged for legal expenses.