Mediation in Labor Relations: The Need for Adequacy In the Light of the Labor Law Principles

Abstract

The paper discusses the suitability of judicial mediation for the solution of labor disputes. Judicial and extrajudicial conflict-solving methods are approached, with emphasis on mediation. Aiming at understanding both the adequacy and application of mediation in Labor Law, the paper examines special principles of this branch, in particular, the principle of unavailability of Labor rights, for which the case of absolute and relative rights are contrasted. Finally, it concludes for the application of mediation to the Collective Labour Law, which is limited to the rights of relative unavailability.

Keywords

• Mediação, Jurisdição, Princípio da indisponibilidade dos direitos trabalhistas, Indisponibilidade absoluta, Indisponibilidade relativa, Direito coletivo do trabalho