Zmiana mediatora w sporze zbiorowym – uwagi de lege lata i de lege ferenda
Change of the mediator in a collective dispute – comments de lege lata and de lege ferenda

Summary/Abstract: The lack of agreement at the stage of negotiations in a collective dispute opens the parties for mediation. There is an entity in this phase of the collective dispute, a third party, which is the mediator. An entity that is assumed to be impartial, neutral, standing in the middle of a dispute, to help the parties to solve, often to conclude it, and to sign the agreement. In practice, it may be that the impartiality of the mediator remains within the statutory sphere. The aim of the article is to indicate solutions that, in the event of loss of trust in the mediator by both parties of the collective dispute, or only one of them, would allow for its recall and change. The legislator did not provide the mechanisms of changing the mediator by the parties of the dispute, nor did it grant such powers to the minister who appointed the mediator. This problem is also not resolved by the latest bill on collective labour disputes. An analysis of the provisions of the Act on Collective Disputes, the available jurisprudence and the achievement of the doctrine lead to the conclusion that in the case of an application for dismissal of a mediator with the opposition of the other party to the dispute, there are no mechanisms in collective labour law that would enable the mediator to be changed in the course of mediation. However, the article indicates the possibility of making the change of mediator by using the provisions of civil law, which may turn out to be the only possible solution for the party dissatisfied with the actions taken by the mediator and lead to a positive conclusion of the collective dispute.

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