THE IMPLEMENTATION OF THE CONCILIATION-MEDIATION PROCEDURE VIA INTERNET

Аннотация

The article examines the issues of definitions of conciliation -mediation procedure and online dispute resolution. In the science of labor law, the concept of conciliation and mediation has not been adequately developed, which naturally causes problems in the application of the relevant norms of the Labor Code, other regulatory legal acts containing labor law norms, collective agreements, social partnership agreements, and local regulations. Usage of online platforms would have made resolution of collective dispute easier. Key words: conciliation-mediation procedure, collective labor dispute, online dispute resolution. Conciliation procedures - consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of a mediator and (or) in labor arbitration. In accordance with Article 570 Labor Code of Republic of Uzbekistan, conciliation and mediation procedures represent a consistent resolution (settlement) of a collective labor dispute, initially in a conciliation commission, and if no agreement is reached in it, in labor arbitration, as well as by mutual agreement of the parties using the mediation procedure1. In practice, the main methods of dispute resolution used in many countries of the world and offered by the relevant ILO instruments are: o conciliation/mediation (which may or may not vary); o arbitration; and o judicial review. All of these methods are usually prescribed by law and involve the participation of independent and impartial third parties to assist in resolving disputes. Conciliation/mediation and arbitration procedures are sometimes also specified in collective agreements.2 The rapid growth of e-commerce has led to an increase in long-distance interactions. Consequently, disputes arise between parties located far from each other. Litigation and enforcement of decisions on such disputes through the courts can be very expensive due to the significant costs associated with travel, hiring local lawyers, and translation of documentation. Resolving a legal dispute is a complex form of managing and processing information, therefore, the use of information technology to resolve a legal dispute becomes inevitable. The advantage of online dispute resolution is that it allows disputes to be resolved at a distance without the physical presence of the parties. With disputes related to e- commerce, the question arises of determining the appropriate form of resolution. Online dispute resolution (ODR) mechanisms offer a means that is convenient and accessible to each party to avoid disputes, costs and ambiguities. Consequently, as parties use online 1 Labor Code of the Republic of Uzbekistan 2 https://www.ilo.org/static/russian/dialogue/ifpdial/llg/ch4/index.htm#note_1 34 technologies to conduct e-commerce, they expect that dispute resolution in this area will also be facilitated through them. The speed and convenience of online technologies open up great opportunities for ODR. Online dispute resolution is the resolution of disputes using information technology at a distance, usually via the Internet. The term online refers to communication through electronic means, particularly the Internet. Online disputes are any disputes that arise through (or from) online communications. ODR can be carried out via e-mail, online platforms, online chats, video conference. Online Dispute Resolution removes physical barriers. It allows parties located in different cities and countries to meet in one place without travel or expense to resolve a dispute. Therefore, Online Dispute Resolution saves time and financial resources of the parties. In this way both parties employers and employees do not waste time can find solution in a short time. However, there are some difficulties in using Online Dispute Resolution. H. Alvaro identifies the following problems: technical, legal, social and political. Technical difficulties include the fact that not everyone is yet comfortable using the Internet, with the exception of browsing websites. Online Dispute Resolution requires each disputant to be able to use and trust sophisticated web technology to protect private and confidential information. But, today this is difficult to achieve. The development and spread of the Internet varies from one state to another, which creates difficulties in the use of Online Dispute Resolution in resolving international commercial disputes. There are also purely technical difficulties. To date, there are no technical Online Dispute Resolution standards. The rapid development of technology makes communication and data sharing a difficult task to achieve. There are also legal difficulties that come from a basic mistrust of the Internet because it develops too quickly for society to absorb it. There are many questions: the validity and authenticity of the signatures; the validity of the transfer of documents; confirmation of transmission and acceptance of documents; security of communicati