Analysis of Mediation in the Venezuelan Labor Court

Abstract

The present study analyzes the mediating role of the judge in the Venezuelan labor process, through legal research established by two populations: one, consisting primarily of labor judges in the Judicial District for the State of Trujillo; and two, the population made up of the parties involved in the mediation process, who provided information through a validated questionnaire. Mediation is considered to be a conflict resolution institution needed in the initial phase of the labor process because its validity in court comes from legal mandate; and the fundamental role played by the parties as protagonists in the process, allows their own decision to be offered, emanating from the autonomy of will assisted by guidance of the judge mediator, who guarantees the irrevocability of labor rights. Conclusions are that mediation should not be a substitute for the self-resolution of labor disputes by protagonists in the process; it ought to be considered as an instrument that assists the parties. The study recommends, in general, that judges remain impartial and neutral in the mediator function, undertaking a more active role as a third party controller without inducing arrangements that do not satisfy the claims of the parties.