A court ruling is not the only solution for resolving mobbing disputes between an employer and employee. The employer and the employee may strive for an amicable settlement of the dispute, inter alia, by participating in mediation.
Mediation is a voluntary method of amicable settlement of a dispute between the parties with the participation of an impartial and neutral mediator. Thanks to this, the parties to the conflict can come to an agreement and reach a settlement on their own. In practice, the advantages of this option are the possibility for the employer to pay compensation without a court order and the faster receipt of money by the employee.
Mediation may be conducted both before bringing the case to court and after initiating the proceedings pursuant to the court’s decision to refer the case to mediation. According to Art. 1838 of the Code of Civil Procedure, the court may refer the parties to mediation at any stage of the proceedings. Both the employer and the employee can also file a request for mediation.
At the hearing, the courts should encourage the employer and employee to settle the dispute amicably. Then they refer them to a selected mediator or mediation center. In the event of disagreement with the mediator, he will be appointed by the court from the list kept by the district court. The judge may refer the employee and the employer to mediation in closed session, however, the consent of both parties to mediation is always required and each party may withdraw from it at any time.
It is worth adding that, apart from the mobbing proceedings, mediation in the field of labor law can also be used in matters relating to working conditions and pay, termination of employment contracts, obligations and rights of the employer and employee, or the prohibition of competition.
The mediator uses his powers to conduct mediation impartially and neutrally in relation to the parties, thanks to which the parties have a chance to maintain mutual relations also after its completion.
The arrangements made by both parties in the presence of the mediator are written down in the form of an agreement between the parties – a mediation settlement. It is then submitted to the court for approval.
Finally, it is worth pointing out that the costs of the mediation procedure are borne by the parties.
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