INTERNATIONAL AND EUROPEAN EXPERIENCE IN THE USE OF MEDIATION AS ONE OF THE TOOLS FOR RESOLVING CORPORATE DISPUTES

Abstract

Economic, as well as social relations, are established between people, and are based on individual life principles, personal characteristics and so on. The process of emergence and functioning of corporate relations is fully invested in the above order with certain reservations about participation in the disposal of property and management of the entity, in which the authorized capital is composed of contributions from its founders. The primary in such a situation is to consider the management (management) of all activities of the subject of corporate law, as this process is a total expression of the internal will of its founders. As practice shows, the initial intentions of the founders of the company with the accumulated capital do not always stand the test of time and ambitions of its participants. The subjective assessment of their contribution to the development of the enterprise by each of its participants is a natural environment for disputes on various issues related to the activities of such an entity. This is where we see the nature of the corporate dispute, which in the initial stages does not lose the ability to be resolved without recourse to the competent authorities or the courts. The author's economic and legal analysis of the state of application of out-of-court forms of settlement of corporate disputes, first of all mediation, testified to the need to introduce international experience in such practice. Taking into account the international and European long history of accompanying corporate disputes with negotiation tools, we note their extremely high efficiency and demand in business circles. Our conclusion on the feasibility of introducing such a tool as mediation in the corporate sector of the economy is based on the fact that as a result of its use there is a double positive effect: friendly partnerships between participants of the company with accumulated capital (educational value of mediation) and an economic entity that until recently was on the verge of closure