Alternative dispute resolution mechanisms in labor proceedings: an analysis based on the Law Regulating Social Jurisdiction

Abstract

This study examines the structure and scope of alternative dispute resolution mechanisms in the social (labor) order, based on Law 36/2011, which regulates the social jurisdiction, and the changes introduced by Organic Law 1/2025, on measures to improve the efficiency of the public justice service. Conciliation, mediation, and arbitration are analyzed, with an emphasis on their differing interaction with labor judicial procedures. While conciliation and mediation can function as preliminary stages or be integrated into the procedures themselves, arbitration operates externally, as an alternative to the judicial process, although its outcomes are subject to review by the social jurisdiction. Finally, the normative and practical challenges that persist for their full consolidation as effective instruments for the protection of labor rights are assessed.