MEDIATION IN LABOR CONFLICTS: INTERNATIONAL COMPARED STUDY BETWEEN BRAZIL AND POLAND

Abstract

This paper shows the similarities and differences of Mediation in individual and collective disputes between Brazil and Poland. This article, initially, presents the similarities in relation to the definition and the mediatory procedure in those demands. Next, the conflicting mediation differences on labor law in Poland and Brazil are established. As a result of the analysis of this document, it is possible to note that in both countries Mediation is a confidential, voluntary, informal and specialized method of alternative dispute resolution available to the parties. This Alternative Method of Conflict Resolution (ADR) is less costly and is a process, in general, much faster than court proceedings. This study also concluded that it is possible to apply mediation in collective labor conflicts in Poland, but not in Brazil. Additionally, the legislation of that country gives the Mediator a series of prerogatives that do not exist in Brazil. The importance of the study, then, is to impel and suggest opportunities for improvement to the Brazilian Laws in these aspects.