Mediation, the little-known ally for resolving labor law disputes

In my thirty-year career as a labor lawyer, substitute judge, and certified mediator, I've seen countless disputes between employers and workers. Dismissals, disagreements over working conditions, psychosocial burdens, misunderstandings that fester... looking back, I'm convinced that many of these cases could have been resolved without going to court, by resorting to mediation.

A tool adapted to the human dimension of work

Employment law is more than contracts, complex rules, or complex compensation structures. The relationship between an employer and an employee is also a human one, woven with emotions, needs, and personal constraints. Workplace stress, lack of recognition, poor communication, or personal challenges: these underlying realities often lie at the heart of conflicts. When a dispute arises, a judge—no matter how skilled—has neither the tools nor the time to address these essential dimensions.

On the other hand, mediation offers a space where these human aspects are taken into account. As a mediator, I see seemingly insoluble situations between parties who hate each other resolved in a few sessions. Why? Because mediation allows them to express themselves freely, to be heard, and to work together to develop a solution, with the mediator's guiding assistance. Unlike a court ruling, which imposes a decision, mediation gives the parties the power to shape an agreement that meets their needs.

A solution tailored for the professional world

For employers, mediation could become a strategic tool. A dispute brought before the courts drains the company's budget and harms the social climate and productivity. Mediation helps defuse conflicts before they escalate, while sending a strong signal: that of a company that values dialogue. In an ultra-competitive labor market, this commitment to conciliatory solutions seems to me to be an asset.

For workers, mediation offers a chance to be heard and find ideal solutions, at a lower cost and without the painful hazards and inconveniences of legal proceedings.

So why does mediation remain in the shadows?

Despite its advantages, mediation remains underutilized in Belgium. First, due to ignorance: many employers, workers, and even lawyers are unaware of its existence or perceive it as a vague, even artisanal process. Wrongly so: mediation has largely proven its effectiveness in complex cases, including high-stakes dismissals or collective disputes. It has also become more professional: certified mediators adhere to a strict legal and ethical framework comparable in its rigor to that of a judicial procedure.

The other obstacle is cultural. We favor recourse to the courts, perceived as offering the only guarantee of "justice." But this approach is not always the most appropriate. Mediation complements justice, by offering an alternative path in situations where the court will not necessarily offer the best response to the conflict submitted to it. In Canada, we have understood this for a long time: in some provinces, mediation is a necessary step before being able to submit (in the event of failure) a dispute to the courts.

A call to change mentalities

For mediation to finally take the place it deserves in Belgium, a collective effort is necessary. Businesses must be made aware of its benefits through information campaigns. Trade unions could promote mediation as a complementary tool to their actions. Finally, public authorities should encourage its use by offering financial incentives or by integrating it more fully into legal processes, as in Canada. Our judicial system—on the verge of saturation—would be the first beneficiary: it would find itself relieved of a great many conflicts.

With success rates of around 80%, mediation could be described as a "miracle solution." Beyond the very encouraging statistics, mediation is a professional, pragmatic, rapid, and humane response to conflicts that too often become bogged down in sterile legal battles from which, in the end, no one really emerges victorious.

Employers, workers, unions, lawyers... the next time a conflict looms, dare to try mediation. You'll be surprised by its simplicity and effectiveness. Less stress, lower costs, more humanity, and real, co-constructed solutions: the equation has a future. Let's make mediation the norm—not the exception—in resolving labor law disputes.