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Grisha Balasanyan

Labor Dispute Mediation May Become Mandatory in Armenia

Armenia’s Ministry of Justice has submitted a legislative package for public discussion, which provides for mandatory mediation of labor disputes.

Under current regulations, labor disputes are resolved in court, and resorting to mediation is left to the discretion of the parties. It is planned to make mediation a mandatory prerequisite for applying to court.

Justifications for the package of draft amendments to the Law On Mediation, as well as to the country’s Labor and Civil Codes, state that the introduction of mandatory mediation will become the fastest way for employees to protect their rights, without lengthy and costly legal proceedings. In addition, the courts’ workload will decrease, since a considerable number of disputes will be resolved out of court.

“For employees, mediation offers the fastest path to justice by avoiding years of uncertainty. These out-of-court procedures are quick and accessible, allowing employees to protect their rights without complex, costly litigation,” the ministry claims.

International practice in this area has also been studied. For example, in Spain, the United Kingdom, and Italy, effective mechanisms for mandatory preliminary conciliation have been introduced to reduce the workload of courts and increase the efficiency of labor justice.

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