Саморегулирование сторон при обращении к процедуре медиации и соотношение с самозащитой гражданских прав

Abstract

Mediation as a method of resolving labor, family, civil and other disputes is not an innovative approach. The use of this procedure depends on many factors, the most important of which are both the desire of the parties to the dispute to agree and fully participate in a constructive dialogue, as well as the professionalism of the mediator – an independent mediator who helps disputing parties to find common ground and come to a mutu-ally beneficial solution. However, some aspects of the mediation procedure are quite controversial and require detailed analysis. The article examines the institution of the mediation procedure and its implementation as a form of legal regulation. The author acknowledges that it is necessary to attribute mediation to non-jurisdictional forms of protection, while the issue of recognizing mediation as one of the ways of self-defense of civil rights in the system of non-jurisdictional form is quite debatable. The author criticizes the position on the application of the mediation procedure in a legal conflict through its recognition as an institution of self-defense. Considering the problem of the relationship between self-defense and self-regulation, the author de-fends the position that self-defense is realized in a protective legal relationship and arises from an illegal legal action. At the same time, legal conflicts leading the disputing parties to the mediation procedure do not have such a feature. In connection with the foregoing, the author comes to the conclusion that it is impossible to rec-ognize the mediation procedure as such a way of protecting civil rights and substituting the studied concepts in law. As a conclusion, the author presents his own position on the self-regulation of the parties when referring to the mediation procedure and its recognition as a form of individual legal regulation. This work is one of the ways to solve the existing problem of determining the place of mediation in the system of the institute for the protection of civil rights.