INSTITUTE OF MEDIATION: FOREIGN EXPERIENCE AND DOMESTIC REALITIES

Abstract

The article examines the institution of mediation, and the peculiarities of its application in Ukraine and foreigncountries (the USA and the UK). The legal nature and essence of mediation as an institution of alternative dispute resolution mechanism are investigated. The peculiarities of legal regulation of procedural and methodological aspects of mediation by existing international legal documents are determined. The author analyzes the world experience of European countries in the use of mediation and the provisions of legislation regulating its application, taking into accountthe peculiarities of existing legal systems. The realities and prospects of legislative implementation of mediation in Ukraine are highlighted. In the article, the author examines the institution of mediation and its application in Ukraine, analyzing the experience of using mediation in the United States and the United Kingdom as an alternative dispute resolution procedure. The article explores whether the creation of legislation on mediation in these countries influencesits dissemination and practical effectiveness. International practice has long established various alternative forms of resolving commercial, civil, and administrative cases on a legislative level, including negotiations, arbitration, facilitation, and mediation. These procedures are often successful, eliminating the need for further judicial protection forconflicting parties.

In Ukraine, legislators, recognizing the advantages of mediation, have developed a relevant law, which was adopted by the Verkhovna Rada. One of the significant advantages of mediation is its speed in comparison with litigation. According to statistics for 2020, about 1,407,795 procedural appeals and civil proceedings are pending before judges, of which 291,009 have not been considered, which indicates an overload of the judiciary, which directly entails delays in the consideration of cases and a violation of one of the basic principles of civil procedure - the right to a fair trial. The effectiveness of mediation in general lies in the fact that the main positive effect is that after its completion, the parties clearly understand that the result they have reached was developed by them directly, avoiding the feeling that one of them has received less than the other. Furthermore, the flexibility of the procedure is worth noting, as the agreement reached by the parties through mediation distributes their rights, obligations, and benefits in a completely different manner than a court decision based on the rules of law would have prescribed. In addition, the author also analyzes the Law of Ukraine "On Mediation" and the application of mediation in the context of martial law in Ukraine.