The article is devoted to the concept and legal regulation of the institution of mediation in Ukraine. The authors note that today mediation is one of the most effective ways to resolve conflicts, because the decision made as a result of negotiations or mutual agreement of the parties reflects the true interests of the parties. Modern mediation is one of the methods of out-of-court informal settlement of disputes, such as arbitration, conciliation, arbitration courts, expert evaluation.
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.
Problem setting. In modern conditions of exacerbation of social problems and increasing social risks in Ukraine, the role of social function of the state, which is also associated with development of the mediation institute in Ukraine, is significantly increasing. Research of mediation problem is quite important and relevant. It makes it possible to improve the institutionalization of the mediation process in Ukraine, to develop and introduce new approaches, mechanisms in the field of public management of social services.
The article discovers the results of studying the conceptual framework of applying mediation in the context of foreign economic contracts implementation. The approaches to defining the ‘mediation’ concept have been outlined. The features and advantages of mediation in Ukraine are determined. It has been substantiated that mediation is an effective and rather popular way in Ukraine for resolving conflict situations and economic disputes among business entities.
The article analyzes mediation as an alternative way of resolving disputes in commercial litigation. The different views of scientists on the definition of mediation and the legal status of the
mediator are analyzed. The problems of legal support in Ukraine of this extra-judicial procedure of
settlement of economic disputes are clarified and the ways of overcoming them are grounded in the light of foreign experience.
The legal nature of mediation as an alternative way of resolving disputes is investigated. The perspectives of the use of mediation in solving family law disputes were singled out. The authors define the family legal dispute, distinguish its features. It is noted that the mediation procedure is gaining popularity and used among the subjects of sectoral legal relations, so, in fact, it is necessary to establish the theoretical and legal nature of the institute, which is new to Ukrainian law.
The article discloses the content of alternative dispute resolution, describes the reconciliation procedures, shows their place in the system of alternative methods and determines under what circumstances and for what purpose the administrative court can initiate and participate in mediation.