Radno i socijalno pravo, Jan 01, 2009, page 132

Иво Розић, Рјешавање колективних радних спорова у Босни и Херцеговини, Радно и социјално право, стр. 111-126, ХШ (1/ 2009)

Doc. Dr Ivo Roznié, Faculty of Law, University of Mostar, Bosnia and Herzegovina

THE SOLVING COLLECTIVE LABOUR DISPUTES IN BOSNIA AND HERZEGOVINA

Summary

Regarding dispute settlements, two contrary possibilities can be observed: judicial settlement or extrajudicial settlement by using alternative methods. Judicial settlement is characterized by the involvement of legal and other sources. The amount of expenses spent on investigation and trial, court, experts and lawyers is rather predictable, and there are also disputing parties engaged in the proceedings either on defendant's or plaintiff's side or acting as witnesses. With all financial and time expenses there is also insecurity resulting from unpredictability of the outcome, which additionally burdens the parties in the dispute. With alternative methods the situation is significantly different. Innovative methods enable a much more creative approach to the disputing parties. The parties in a dispute can make impact on solutions and outcomes because they are not limited by factual and legal side of the dispute. Furthermore, the administrator of an extrajudicial settlement who applies an alternative method of dispute settlement, and who appears in the largest number of procedures in applying the alternative methods of dispute settlements, is a neutral and impartial person, in most cases an expert in the field of the dispute, which significantly alleviates the conduct of proceedings. The final result is flexibility and speed in solving disputes and financially more effective use of resources.

Key words: dispute settlement resources, conciliation, arbitration, employer, employee.

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