HISTORICAL PREREQUISITES FOR THE EMERGENCE OF MEDIATION: NATIONAL AND INTERNATIONAL EXPERIENCE

Abstract

Despite the fact that mediation is considered one of the most popular methods of consensual dispute resolution in the world, in Ukraine mediation had no legislative regulation for many years. This was one of the obstacles that held back the development of alternative dispute resolution in Ukraine, despite the fact that the mediation community, both in the world and in Ukraine, was growing. Eventually, on November 16, 2021, the Law of Ukraine «On Mediation» was adopted. This article presents different approaches to determining the historical prerequisites for the emergence of mediation in the world, in particular in the EU, the USA and Ukraine. The formation and legislative consolidation of mediation are analyzed, including on the basis of a comparison of primary sources, regulatory documents and scientific approaches. The article is devoted to the features of the new Ukrainian legislative regulation of mediation, which are decisive for the national mediation model. Relevance of the article: in essence, mediation is a service for resolving various conflicts and disputes. For a comprehensive and in-depth study of mediation, it is necessary to examine its origins, the history of its development since ancient times and the current state of mediation development in the world. The article describes the prerequisites for the emergence of mediated reconciliation, as well as the stages of development of this institution. Mediation became widespread in the twentieth century, especially in common law countries. The author of this article has analyzed in detail the development of mediation in the United States, the EU and Ukraine. Thus, at the end of the XX century, mediation gained international recognition, and at the beginning of the XXI century it became a fact of international law and international relations. Mediation is actively used to resolve interstate, ethnic, racial, trade and military conflicts. Mediation has received its international legal consolidation in the form of the Model Law on International Commercial Conciliation (UNCITRAL) and the European Code of Conduct for Mediators. These documents serve as a unified and effective basis for ensuring the implementation of international peace agreements concluded as a result of mediation. Thus, the scope of mediation is growing every year with the support of the international community