Out-of-court resolution of employment disputes in Poland

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cris.lastimport.scopus2025-06-13T03:12:50Z
dc.abstract.enAmicable dispute resolution helps to alleviate social tensions in the workplace between employees and employers, and fosters a peaceful culture of dispute resolution. The above-mentioned out-of-court institutions for resolving labour disputes are in line with the implementation of the dispute settlement amicable directive established by the Polish legislator. When comparing the practical application of the offered out-of-court employment dispute resolution procedures, it should be noted that at the present time they are not popular among Polish employers and employees.The reasons for this are complex, and have been outlined above. However, mediation can be very helpful in resolving labour disputes, and its use has been steadily increasing since its introduction into the provisions of the Code of Civil Procedure, with the possibility of its use in labour disputes, as indicated by the statistics kept by the Ministry of Justice34. This may indicate that there is a growing interest in this new institution and that employees and employers are increasingly interested in using this form of dispute resolution. Mediation may therefore be a way out of a situation in which conciliation committees and arbitration have failed. It is also worth noting that mediation has been used as a well-established form of resolving collective disputes, which demonstrates its effectiveness in the context of labour relations35.
dc.affiliationWydział Prawa w Warszawie
dc.contributor.authorAntolak-Szymanski, Katarzyna
dc.date.access2024-07-30
dc.date.accessioned2025-06-11T07:23:14Z
dc.date.available2025-06-11T07:23:14Z
dc.date.created2024-07-30
dc.date.issued2024-07-30
dc.description.abstract<jats:p> The purpose of this article is to analyze the historical conditions of the development of the institution of mediation in collective labor disputes in the United States. The unique historical conditions that fundamentally influenced the level of use of mediation as a form of dispute resolution, both in the early days of its development in the US and today, need to be characterized. The characterization involves a consideration of the introduction of regulations that initiated the use of mediation at the state and then federal levels. The reach of mediation in collective disputes expanded from its original use in the transportation (railroads and airlines) sectors to its subsequent application in most labor disputes in the private sector. Mediation became institutionalized, as well as professionalized, thanks to the important support activities of the federal government and the Federal Mediation and Conciliation Services (FMCS). Therefore, it should be considered important to look at the actions taken by the government in the past to promote the use of the institution of mediation, including through the formation of bodies (councils) that contributed to the professionalization of the profession of mediator. The issues presented herein are relevant because mediation in the United States has reached a high level of development and overall success. An analysis of these issues becomes useful in the light of the interest in the process of implementation of the American mediation model by other countries. The sources used in the article are American publications that discuss the historical development of mediation in the US, the relevant legislation, and selected case law.</jats:p>
dc.description.accesstimeat_publication
dc.description.issue1
dc.description.physical104-119
dc.description.versionfinal_published
dc.identifier.doi10.15290/mhi.2024.23.01.08
dc.identifier.issn1722-7666
dc.identifier.urihttps://share.swps.edu.pl/handle/swps/1502
dc.identifier.weblinkhttps://www.ddllmm.eu/out-of-court-resolution-of-employment-disputes-in-poland/
dc.languageen
dc.pbn.affiliationnauki prawne
dc.rightsOther
dc.rights.questionYes_rights
dc.share.articleOTHER
dc.subject.enMeditation
dc.subject.enconciliation
dc.subject.enalternative dispute resolution
dc.subject.enarbitration
dc.subject.enemployment disputes
dc.swps.sciencecloudsend
dc.titleOut-of-court resolution of employment disputes in Poland
dc.title.journalDiritti Lavori Mercati International
dc.typeJournalArticle
dspace.entity.typeArticle