Why mediation is the preferred option these days

The signing of the first collective agreement has recently been published with express reference to the need to promote the right to digital disconnection once the working day has ended: “Except for reasons of force manure or exceptional circumstances, the company recognizes the right of workers to Do not respond to emails or professional messages outside of your work schedule. ”

This topic gives me grounds to refer to collective bargaining and its broad mandate. Workers and employers, through their representatives, in the negotiation of collective agreements for Rhino Mediation, establish standards regarding working conditions in their work environment, as well as the rights and obligations of each of the parties.

Collective bargaining is conferred as an instrument at the service of the common interests of its protagonists and favors a useful and beneficial result. We have to place it at the service of the parties, trusting in its adaptable role, versatile and active appreciating its power because, despite the labor, reforms suffered, in general, it has not stopped demonstrating its effectiveness.

Accordingly, it is based on the principle of collective autonomy. That is to say, it supposes that there is no interference, some rules are complied with (legal limits and minimums of necessary right) and the rest is at the disposition of the parties. They are the representatives of the workers and of the businessmen the legitimate protagonists, to negotiate and to agree with freedom what they are interested in reflecting in their agreements.

The right to disconnect is an example: the incorporation of a new subject that does not come from any law, nor even from a protocol or recommendation. However, the parties link it to the agreement because they consider that it provides them with legal security.
Deepening this collective bargaining, the autonomous solution of labor disputes involves the management of labor disputes by the same parties. It represents an extension of collective bargaining.

Since the agreements signed at the beginning of the 80s, UGT, together with the rest of the most representative business and union organizations in the state, we look for alternative solutions to the labor conflict different and, in any case, additional to the judicial or administrative.

The Agreement for the Autonomous Solution of Labor Conflicts (ASAC) in force, signed by CEO, Cepyme, CCOO, and UGT, have that choice as a characteristic to face the responses to the conflict. It is a common approach to the rest of territorial agreements in the Autonomous Communities: a procedure is implemented that gives greater prominence to the parties themselves, promoting autonomous solutions that favor the maintenance of a revitalized collective negotiation.

The effectiveness of the intervention of the third party, the mediator or arbitrator, redefines the context with the purpose of seeking shared spaces and facilitates the change of mentality that transcends the dispute. By defending common interests, it provides more motivation and better profits for all.

Rhino Mediation establishes channels, not solutions, in a model of labor relations that is more participatory and fluid, capable of resolving eventual conflicts in a timely and balanced manner. It means abandoning the concept of conflict as something negative in which the only one of the positions wins, in addition to seeking an alternative to the judicial oath, which always exists.

The report of the Foundation Intercontinental Service of Mediation and Arbitration (SIMA) on the first semester of 2017 reveals that the number of procedures is higher than that registered on the same date of 2016 because the instrument of mediation is offered for the set of realities, are subject to crisis processes or not. But for these institutions to facilitate the autonomous solution of conflicts, both at the state and autonomous levels and continue to develop their work, support from public authorities is vital. These must materialize their defense through material and economic support.

As a way that gives continuity to collective bargaining, respecting compliance with the provisions of their respective agreements, from UGT we participate so that the outcome of this conflict management process provides positive changes.