The incompatibility of labor conciliation terms with the essence and objectives of the mechanism

Abstract

This article offers a general description of the concept of alternative dispute resolution mechanisms, with particular emphasis on dispute settlement/conciliation, for the express purpose of scrutinizing its integration into labor affairs as an obligatory pre-trial stage. Also, it examines the procedural framework governing said phase in accordance with the Federal Labor Law, post the reform enacted on May 2, 2019, which emanated from the antecedent constitutional labor reform of 2017. Special attention is directed towards incorporating various  compulsory terms within the pre-judicial conciliation procedure. It is posited that the inclusion of such terms may engender prejudicial repercussions or serve as a constraint on the attainment of the  verarching objectives inherent in extrajudicial mechanisms, and more pointedly, within the framework in question, which had been  onceived and contemplated prior to the labor reform.