Positive and Negative Aspects of Mediation and Conciliation of the Parties in Administrative Jurisdiction: Distinction and Problems of Application

The article addresses the issue of distinguishing mediation and reconciliation in administrative
proceedings as two key mechanisms of alternative dispute resolution. With the development of legal
systems and judicial practice in Ukraine and worldwide, alternative dispute resolution methods have
gained special significance. This issue is particularly relevant in administrative proceedings, which focus
on conflicts between citizens and the state or its bodies. Since administrative disputes often involve
important issues of public interest, alternative methods of resolving such disputes, including mediation
and reconciliation, play an important role in achieving a fair balance between private and public interests.
However, in practice, questions arise regarding the differences between mediation and
reconciliation of the parties. These procedures are often confused, as both involve reaching an agreement
between the conflicting parties without resolving the case by a court ruling on the merits. However, each
of these methods has its unique characteristics, legal frameworks, and opportunities for use. The purpose
of this article is to investigate and provide a detailed analysis of the main differences between mediation
and reconciliation in administrative proceedings in Ukraine, as well as assess their legal status and
practical effectiveness.
It examines the legal foundations of mediation and reconciliation, identifies their key differences
and common features, and explores the practical aspects of their application in resolving administrative
disputes. The focus is on analyzing the legal regulation of mediation in Ukraine, the role of the judge in
reconciliation, and the appropriateness of using these mechanisms to improve the efficiency of
administrative justice. An important aspect is the study of foreign experience and the possibility of
adapting it to the Ukrainian legal system. Mediation is viewed as a process in which a neutral mediator
helps the parties reach a mutually acceptable decision, whereas reconciliation involves the active
participation of the court in resolving the conflict. The article also highlights the main problems and
prospects for introducing mediation in administrative disputes, including issues of accessibility to
mediation for citizens, legal culture, and the need to develop appropriate institutional mechanisms to
ensure the effectiveness of this process.