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Authors: Renata Hrecska
Keywords: ADR, mediation, innovation, conflict resulution, psychology
Abstract: Being a good HR professional is not just about what the employer needs, but is also about being able to smooth over disagreements that can lead to the loss of valuable human workforce or weaken the employer's economic position. This research is examining the out-of-court settlement of labor-related conflicts – which cannot only make labor disputes resolution quicker but also cheaper than formal court procedures and more effective than a work stoppage. Last but not least, it opens the door to innovation as well. The topic is constantly up-to-date, especially in the field of mediation, as if we had just found a source a few decades ago that was constantly on the rise. EU Directive 2008/52/EC on the legal framework for out-of-court settlement of disputes has been well-known and functioning in the European Union for many years, however after its implementation into the different national legal systems its popularity is still not equal in all Member States compared to the statistics of litigation. However we may be witnessing important progress from time to time, one of the recent decisions of the Greek government is a good example for that: According to this, attendance at a joint mediation meeting in civil and commercial disputes (under EUR 30 000) in the ordinary civil procedure is obligatory under the jurisdiction of the courts of the first instance. Mature communication is particularly important in labor matters because in labor law relations, personal relationships can develop in people's lives, given that we spend most of our waking time with our work. Therefore, it is important to look at how we can ask the most beneficial, most forward-looking questions during a workplace conflict. To what extent are mistakes allowed and to what extent is it worth or needed to give feedback about the employees’ mistakes as a leader? How to detect conflict? Do you always need to manage these? How should you not settle a conflict? Off-the-court solutions cannot help always, but if negotiation between the parties, mediation, facilitation, technical mediation or even mini-trial proceedings will take place, it can open a path and a method for a kind of thinking that can go beyond the debate that the parties have just sat on. It is important to see the benefits of alternative procedures, which are able to bring to the table those parties who are working with full awareness of their interests (and conflicts of interest) to advance their own situation and besides that, hopefully reach a common compromise. This is the ideal setting for a brainstorming workshop that is looking for innovation, creativity, mental energies and powers that can be boldly harnessed by any business or workforce. According to an economist, an employment contract is a form of a social contract. It has invisible but perceptible elements. The employee will remain if he receives what he has contracted for. Loyalty will be given to the employer as a gift, but will be withdrawn quickly if there is no sign of what the employee expected. Therefore, it is worth examining the factors that contribute to the parties' awareness that conflict is a value, a key to progress, and a means of improving the quality of service to one another. The psychology of the innovative energies of Alternative Dispute Resolution (ADR) is a special segment of well-known legal approaches that should be addressed whether it is about small start-ups, multinational giants or even civil service.