THE LEGAL OVERVIEW OF MEDIATION IN THE TREATMENT OF HARASSMENT IN THE WORKPLACE (MOBBING)

Abstract

Harassment in the workplace (Mobbing) is consider a frequent phenomenon present in every sector (public

or private) which, due to the consequences it leaves behind for the victims, is considered very harmful and

sometimes very hard to treat. It represent a number of different activities taken towards the employee/worker

that unfortunately affects negatively his/her well-being. To consider these activities as harassment activities,

they must be characterized by repetition for a longer period of time (at least 6 months systematically) which

are presented as hostile, unethical, verbal or nonverbal behavior that affects an individual and sometimes a

group, with the final aim of termination of the employment contract done voluntary through resignation

from the work. Because of the multidimensional negative effects, that mobbing can leave such as in the

physical and psychological health of the worker, also on his/her family life and social relationships and

performances at work, it must be treated very quickly and in the most efficient way. As a perfect method

that can be identified with these two characteristics, is Mediation. It’s considered suitable for solving these

kind of “issues in the workplace” because of the high involvement of the emotions and psychological effects

these emotions can cause to the worker, and because of the faster solution provided by this alternative

method in comparison with other judicial or non-judicial methods. The main purpose of this paper will to

achieve an extensive legal analysis of the laws that regulate this phenomenon in our society and of the law

that provides its fast solution and treatment i.e. Law on mediation.