Labour Adjudication, Arbitration & Mediation

<

The study group is open to everyone interested and involved in labour and employment dispute resolution, adjudication, arbitration, mediation-arbitration, conciliation and mediation.

For all disputes in the labour and employment field, whether at an international level (over employment standards, over labour agreements as part of trade agreements), at a national level (between confederations of trade unions and employers), at a regional or sectoral level (between trades, trade union federations and employer associations), at an enterprise or plant level (between trade unions and particular employers), or between individual employees and individual employers, there are methods used to resolve those disputes. If the parties cannot resolve the dispute themselves they will be assisted by a third party, either a court, a state agency or an agreed private resolution mechanism. The resolution is either binding and determinative, or advisory, or facilitative. The study group explores all of the different ways, the different institutions, and the different techniques used to achieve effective resolution of such disputes.

The study group is interested in comparative differences in the methods of dispute resolution, and in the varieties of institutions in different countries that are utilized to achieve settlement of labour and employment disputes.

The study group explores how different dispute resolution methods and techniques are utilized to advance expedited dispute resolution, e.g. how mediation and arbitration or adjudication are combined to reduce costs and to achieve optimal settlement of disputes.

The study group aims to bring together labour court judges, labour tribunal adjudicators and labour and employment arbitrators, conciliators and mediators from different countries to engage together on issues of mutual interest: including expedited procedures, substantive jurisprudence in labour and employment, the uses of mediation, mediation-arbitration, human rights adjudication, and remedies, among other topics.

The research carried out on the basis of these themes aims to foster closer relations among colleagues engaged in the field of labour and employment dispute resolution, and to promote comparative understanding of the institutions, structures and mechanisms for dispute resolution in different countries. Through the interaction on the study group, lessons learned from other countries may offer fresh insights into the scope and possibilities of domestic dispute resolution.