MODELS OF MEDIATION AND THE POSSIBILITY OF THEIR APPROACH TO THE LEGAL SYSTEM OF UKRAINE

Abstract

This article is devoted to the analysis of mediation models and the possibility of their approximation to the legal system of Ukraine. It has been established that different states use different models of mediation, which provide the basis for formulating different approaches to mediation, as well as their relationship with each other. Media models do not pretend to be universally applicable and at the same time serve as a conceptual reference point. The criteria by which mediation models are classified are considered. After analyzing various sources of research, it was noted that there is no single approach to the classification of mediation models in the scientific space. As a rule, in foreign practice, scientists focus their attention on several models of mediation, between which there is no clear difference. It is investigated that the most common argument in favor of the implementation of the institution of mediation in the legal system of Ukraine is that the domestic judicial system is not able to effectively and quickly resolve legal disputes. Also, among the reasons, one can name a significant problem with the execution of decisions, a rather lengthy consideration of cases, as well as cases of incompetence or abuse, etc. At the same time, a fairly significant factor in relation to the duration of the consideration of cases is the burden per judge in Ukraine. It has been established that at the stage of implementation of mediation in the legal system of Ukraine, the most important issue is the choice of the most suitable mediation model, characterized by the degree of interconnection with the judicial process. The factors influencing the consolidation and implementation of a certain structure of mediation in the legal system in Ukraine are underlined. Proposals have been formulated on the possibility of approximation, as well as further improvement of favorable models of mediation in the modern conditions of the development of civil society. Consequently, it is indicated that there is no officially defined mediation model in Ukraine yet. Referring to the experience of foreign countries, one can tend to the conclusion that the most common way to introduce alternative methods of reconciling conflicts and disputes is to consolidate several models of mediation at the same time, which can be used in Ukraine as well.