THE CONSTANT AND UNSYSTEMATIC EXPANSION OF ADR (CONCILIATION-MEDIATION AND ARBITRATION) OR ADR. CREATING A GIANT WITH A FEET OF CLAY?

The dialogic solution of disputes is a tradition in Spanish labor law, where the attempt at conciliation prior to the process constitutes a requirement for the admissibility of the claim. This is due to various factors, including the desirability of the solution to the conflict being the result of a consensus reached by the parties. There are many occasions in which the labour law refers to very different forms of solution through dialogue, directly between the parties, or through the intervention of third parties, who can only propose or even impose a solution on the parties. The different modalities of possible dialogue solution, the unsystematic nature of its regulation, and the recent reforms and agreements on dialogue solutions, make it convenient to address the issue from a global and integrative analysis, as well as proposing innovative solutions to the problems presented by the system.