Abstract
Mediation is increasingly a feature of labour dispute resolution all across Europe, and therefore is employed in prescribed form, which poses challenging legal issues. In light of fundamental rights and European labour law, this study examines the results of mediation in labour disputes using a comparative analysis of France, Italy, and Spain. It argues that organisational design, judicial integration and some labour laws should be used to assess mediation rather than a simple voluntary-mandatory divide. Although judicial mediation improves process efficiency, the research shows that it may also increase the possibility of forced settlement in situations marked by structural power imbalances. Decentralised and mutually grounded methods meet social communication criteria, yet provide uneven procedural safeguards—particularly for individual staff members. According to the research, mandatory mediation is only fit for purpose when it promotes enough judicial protection, inequality of arms, and protects the protective and public roles of labour legislation—not necessarily in conflict with European labour law.
Get full access to this article
View all access options for this article.