MEDIATION AS ONE OF THE EFFECTIVE METHODS OF CONFLICT RESOLUTION IN COMMERCIAL LITIGATION

Abstract

In recent times, the practice of alternative resolution of economic disputes without the use of classic court procedures has been increasingly used in Ukraine, as the outdated tradition of business entities turning to state institutions for every conflict has led to a large overload of judicial authorities. An alternative to improving access to justice and reducing the burden on courts is the use of such a method of conflict resolution as mediation. Mediation is widely used in commercial litigation to resolve disputes between enterprises and organizations. In mediation, the mediator helps the parties find a common solution by moving through a process of negotiation and dynamic inclusion. The mediator does not make decisions for the parties, but ensures communication and promotes understanding between them. The resolution of the conflict achieved through mediation is mutually beneficial for all parties and can be entered into in the form of an agreement. In commercial litigation, mediation can be particularly useful as it facilitates effective dispute resolution, reduces litigation costs and preserves business relationships. Mediation, as a method of resolving conflicts in commercial litigation, allows the parties to effectively resolve disputes, maintaining good relations and ensuring business growth, etc. is an alternative to the court process and helps the parties achieve the desired results. Scientists and legislators have been working for many years to create the right conditions for the introduction of mediation in Ukraine: educational work is carried out regarding the content and advantages of mediation, development and expert analysis of draft laws on mediation are carried out, detailed recommendations are provided, new normative legal acts are adopted and put into effect, institutes provide training for mediators. Therefore, there is a wide range of topical issues related to ensuring the operation of the mediation mechanism, which are subject to greater scientific research and require practical work. The article examines the principles of mediation as an effective way to resolve conflicts in commercial litigation. The main stages of the formation of mediation in Ukraine, the concept and features of mediation as one of the effective ways of resolving economic conflicts are defined, the international normative legal acts in the field of mediation are analyzed and, in view of such an analysis, the problems of legal support of this procedure for resolving economic disputes in Ukraine are outlined and options for solving them by means of mediation are proposed.