Problems and prospects of the development and functioning of mediation in national courts

Abstract

The article examines the theoretical and legal bases of the formation and development of mediation in Ukraine. Mediation is a negotiation process involving a third party, rooted in the history of the development of human relations, but took shape as a modern practice of consideration of confl ict situations in the second half of the twentieth century. Today in countries with the developed legal system, mediation is widely used in solving various confl icts, and people are increasingly resorting to the help of mediators. Statistics show that in most cases they manage to resolve the confl ict successfully. The main advantage of mediation is the active position of the parties in the communicative interaction, however, the modern Ukrainian realities a few others – citizens of Ukraine are treated with some caution to the mediation procedure. The barrier to the large-scale practical implementation of mediation in General in the domestic legal system, in particular, its integration into the judicial system is the lack of mandatory pre-trial mediation, the legal framework, which reglementary the ability to redirect individuals involved in the dispute to compulsory mediation, and the inability to apply the substantive measures of impact on the persons concerned in the dispute, preventing out-of court settlement of the dispute. However, procedural legislation and practice of its application in foreign countries provide for the regulation of problem issues of coexistence and interaction of mediation with justice. The feature of mediation is that the parties desire the participation of an intermediary (mediator) to find a mutually acceptable solution to their dispute and to settle it. A mediator, which is essentially an arbitrator or representative of any of the parties to the dispute performs the functions of the intermediate translator (negotiator) between them. The mediator has no authority to decide on the dispute under the procedure and in its essence. The mediator identifi es and helps to identify the true intentions of the parties, their real needs during the discussion and helps you fi nd common to both parties.