TENDENCIES OF DEVELOPMENT OF MEDIATION IN UKRAINE: SCIENTIFIC RESEARCH RESULTS AND PRACTICAL IMPLEMENTATION

Abstract

The article is dedicated to research of theoretic and legal views to tendencies of development of mediation in Ukraine. It contains the result of overall review and analysis of flow and changes of specific dispute resolution forms with the third party participation, which facilitates the conflicting parties in tuning of communication in order them to reach independently the best solution. Mentioned flow in the in the philosophical meaning can be defined as development, if it is related to transition from one essence to another, from old to new, with the obligatory presence of new features or quantitative indicators in the new state in comparison to previous. The analysis was done to scientific articles, which contained the research of development condition of mediation in Ukraine either at the previous stages of foundation of Ukrainian State, or in the frame of modern Ukrainian history. In relation to historical content it was researched the issue of acceptability and features of mediation within the Ukrainian historical tradition in order to reveal possible historical, cultural, social and mental obstacles impeding implementation of effective mediation model in Ukraine. The research was done in particular to references about mediation and procedures, which with their essence had similar to targets, tasks and principles of mediation. Special attention was dedicated to writing of national researchers, which were created during the last decade. The analysis was done to legislative work as of June 2020, in particular in relation to passage of Law Projects, which could regulate the mediation in Ukraine during sessions of VI – IX convocations of Parliament of Ukraine. The overall review was done to individual reasons and factors, which conditioned existing state of legislative regulation of mediation and quasi-mediation procedures, including the influence of international organizations, interstate cooperation to events directed to establishment mediation in Ukraine in its modern understanding, in particular by means of training of professionals rooting from judicial branch of state power. The analysis was done to modern condition of regulations of quasi-mediation procedures, judicial mediation. The summary was given in relation to theoretical conclusions for effective mediation model in Ukraine, its comparison to existing mediation model. It was offered particular steps, which if implemented shall help to transform existing mediation model in Ukraine to effective to Ukraine mediation model.