Медіація як технологія запобігання конфліктам у професійній діяльності юристів

Abstract

The article is devoted to the theoretical analysis of the mediation possibilities in the conflicts prevention. The determination of the mediation as ultra vires procedure of the conflict management by the way of the discussion with the help of one or more conciliators (mediators) has been given. The models of mediation which have the form of abstract theoretical constructions and they have reflected the procedural peculiarities of the mediation through the characteristics of its main components: the basement of the submission to the mediation, the degree of the integration of the judiciary of the country, as the conversation between the sides with the combination of the meditative technique of the conciliator and the capacity of his competency during the realization of the disposal of the conflict have been considered. It has been stated that the mediation owns the triple peace efforts: to prevent the conflicts, to solve the conflicts, to preventthe conflict renewal. The possibilities which have been given with the mediation in the sphere of professional judge’s, lawyer’s, scrivener’s and corporative lawyer’s activity have been executed. The professional lawyer’s activity in the sphere of the collaborative law as willing, structured and uncompetitive approach to the problems solving, based on the collaboration, collective work, sociability, honesty, personal involvement, appreciation and polite cooperation so the sides of the conflict as the juridical consultants have been distinguished. All things considered, the responsibility for the informing and educating the citizens due to the possibilities of the methods usage of the alternative solving the arguments, especially mediation take the professional lawyers. It has been stressed, the nowadays challenges in relation with the juridical sphere demand the determination of the new role of the all its representatives, consequently the modification of the existing traditional system of the arguments resolution. We strongly believe that the basement of the mediation and the methods of the alternative conflict management have to become the part of the professional education of the law schools students and the lawyers of the different specialization.