Зарубіжний досвід сімейної медіації та його можливість імплементації в Україні

Abstract

Taking into account that our country is rapidly integrating into the European space, the article analyzes the international experience of legal regulation of the institution of mediation and the possibility of its implementation in Ukraine. In particular, the international experience in matters of dispute settlement, which is carried out with the help of mediation procedures, bodies responsible for mediation in the USA, Austria, Germany, Finland, Ireland, Australia and other countries, is disclosed. It is emphasized that the world practice of mandatory mediation in family disputes is due to the fact that mediation makes it possible to take into account those aspects that are not subject to legal regulation, but are of significant importance in family legal relations. Special attention is paid to a pronounced trend in foreign countries regarding family mediation, namely, regarding its professionalization. Thus, in most states, high professional training is provided, educational standards of training are developed and approved, and a procedure for state accreditation of family mediators is introduced. The importance and effectiveness of introducing the institution of family mediation into the legal system of Ukraine as an alternative to the court is highlighted.