Management of Retirement Disputes through Mediation: The Case of CMR
DOI:
https://doi.org/10.17613/jvn1-hx40Keywords:
Disputes, Retirements, Mediation, Reform, CharterAbstract
Administrative practice as a mechanism for interpreting and applying the rule of law sometimes leads the administration to make unfavorable decisions, resulting in dissatisfaction among affected users who, in turn, do not hesitate to bring their grievances before a court or specialized institutions.
Concerned users use pre-contentious recourse mechanisms ex ante to attempt to amicably resolve their disputes. Mediation is generally preferred over other dispute resolution mechanisms.
Several financial sectors tend to opt for this approach to resolve related disputes, namely financial markets, insurance, banking, taxes, and pensions. Given their peculiarities, these sectors find mediation as a platform for interaction, listening, and potentially reaching agreements between opposing parties.
The question of whether this mechanism will impact the rate of litigation in disputes seems to be of great importance. There is no doubt today that the relevance of this mechanism is appreciated in various aspects. Therefore, it is of great interest to consider expanding its scope to establish the institution of the Pensions Mediator (IMR), responsible for managing retirement fund disputes.
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