Principles of mediation as an alternative method to ensure human and citizen’s rights

The article is devoted to the analysis of principles of mediation as an alternative method to ensure human and citizen’s rights, enshrined in the Law of Ukraine “On mediation”, their relationships and interdependence. The research methodology includes a complex analysis and consolidation of the available scientific and theoretical materials, as well as shaping the corresponding conclusions. In the process of the research conducting, the authors used methods of scientific cognition: terminological, logical and semantic, functional, system and structural, logical and normative. It is defined that mediation is specifically organized negotiations with involvement of an impartial intermediary, who facilitates the disputing parties in finding the optimal solution. Such approach can be viewed as one of the most effective techniques to restore the violated subjective rights. Principles of mediation are divided into two groups, namely legal, and communicative and psychological, which are of legal significance. The legal principles include freedoms and informed voluntariness of parties and mediators; equality of parties; self-determination of parties in the process of mediation; non-competition; principle of the simple and fast procedure, its flexibility and informality; limited authorities of the mediator; principle of confidentiality; do no harm principle; professional multi-competence of the mediator; informed consent of the parties on presence of a third party at the procedure as a condition of such presence. The communicative and psychological principles of legal significance include honesty of the conflict parties; impartiality and neutrality of the mediator; personal character of the procedure and direct interaction of the parties; behavioral ethics and endeavor to settle psychological comfort of the mediation procedure. 

In the process of the research, it is determined that legislation on mediation should be based on the principles of mediation, approved basing on the theoretical and methodological analysis of the principles, defined in the current legislation of foreign countries and principles of right, declared in the Constitution of Ukraine. The research findings can be applied as a scientific base for improving the legislation on mediation, as well as in the lawmaking and law enforcement activities.