MECHANISMS FOR OUT-OF-COURT SETTLEMENT OF LABOR CONFLICTS: EXPERIENCE OF EU COUNTRIES AND WAYS FOR UKRAINE

Abstract

This article examines the growing importance of extrajudicial mechanisms for resolving labor disputes in the context of transformation of the labor market in Ukraine, formed by war, economic upheaval and institutional overload. With the increase in the number of individual and collective labor conflicts, traditional judicial systems are insufficient, which emphasizes the urgent need for the implementation and development of methods of alternative dispute resolution (ABC). The study presents a comparative analysis of ABC practice in the European Union, in particular in Germany, France, the Czech Republic, Denmark, Lithuania, and the United Kingdom, which effectively uses mediation, arbitration, reconciliation and ombudsman mechanisms. These approaches demonstrate the value of non – confrontation, time – effective and affordable means of resolving labor disputes while maintaining professional relationships and reducing stress for both parties. The article emphasizes that mediation, in particular, has become the most common and effective method of resolving disputes in the EU, which is often a mandatory stage before trial. The study also discusses the role of institutional support, qualified mediators and social partners (such as trade unions and employers’ associations) in support of ABC systems. The article emphasizes that the legal and institutional base of Ukraine remains insufficiently developed. The current legislation, including the Mediation Law in 2021, lacks specific provisions for labor disputes, and institutional ability to provide widespread access to qualified mediators is insufficient. The article states that the adaptation of EU models to the social, legal and institutional context of Ukraine can lead to the creation of a more balanced and fair system of labor relations. In the end, the effective use of ABC promotes social stability, reduces pressure on courts and brings the management of labor relations in Ukraine to European standards of justice, dialogue and participation.