• Fjolla Kaprolli Ismaili Law Faculty, International Balkan University, Skopje, Republic of North Macedonia


Alternative dispute resolution, Mediation, Labor law, Labor disputes


In contemporary law, alternative methods of resolving the biggest number of the disputes are being affirmed and promoted which has resulted in the more frequent use of mediation from the group of ADR methods. This is thanks to the fact that today there is an opinion according to which the access to law is not realized only through contentious procedure as a classic court procedure, but also with other non-contentious procedures in which mediation participates as such. The great overload of courts in which for years is expected the settlement of disputes even that most of them are not considered to be so complicated in their nature, has led to the modernization and simplification of judicial systems and this means to get out of that rude shell of giving of legal protection in court proceedings and this protection to be sought also outside the court proceedings in a simpler, faster, more economical and more efficient procedure. In fact, these are the features that best describe the alternative dispute resolution methods in general and mediation in particular. For which subjective rights that are violated or denied legal protection will be required in contentious proceedings and for which in mediation proceedings, is regulated by each state individually as it is the exclusive right of each state to maintain a monopoly in certain areas of the law, and thus decide which for which reports will be decided in court proceedings and thus to exclude the possibility for those reports to be placed in proceedings of other non-state bodies. These disputes are those for which it is decided on the basic rights and duties of citizens or disputes which are related to the protection of the public interest. One of the areas where mediation is mostly used is that of labor which is as a result of recent changes in the labor market that have greatly influenced the replacement of judicial methods of the treatment and resolving disputes with the most modern ones including here negotiation and mediation. Today, mediation plays a major role in how the parties to a labor dispute reach a common solution to their workplace problem even though the expectations on using mediation are not what were expected in the period of the preparation of its legal framework. In recent years, the resolution of labor disputes has gained great importance not only nationally but also in internationally level, especially in a country such as the Republic of Northern Macedonia where the traditional mechanism of protection of subjective rights that are violated and denied is overloaded, time consuming and costly, negativities which mediation doesn’t have. As a result of all this, this paper will concentrate on the theoretical analysis of mediation within an interdisciplinary framework and on the suitability of labor disputes that may be the subject of the mediation procedure.


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How to Cite

Kaprolli Ismaili, F. (2021). MEDIATION IN SOLVING LABOR DISPUTES. KNOWLEDGE - International Journal , 49(5), 1061–1066. Retrieved from