Studiu privind medierea

Lect. univ. dr. Cătălin VASILE

ABSTRACT

The paper analyzes alternative dispute resolution methods in the field of labor law. Conflict is seen as a natural expression of human relationships, and in the modern era, the focus has shifted from confrontation to effective resolution. Under the general concept of "Alternative Dispute Resolution" (ADR/SAL), methods such as negotiation, conciliation, mediation, and arbitration offer flexible, out-of-court solutions adapted to contemporary needs.

In labor relations, mediation and conciliation are approached separately, with a regulatory framework recently strengthened by Law no. 213/2020. For individual labor disputes, the conciliation procedure is optional but encouraged by the legislator through the possibility of including a clause in the individual employment contract.

Although conciliation regulated by the Labor Code represents progress, there are multiple vulnerabilities: the non-executory nature of agreements, lack of...