МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНИЙ СПОСІБ УРЕГУЛЮВАННЯ КОНФЛІКТІВ У БІЗНЕСІ

Abstract

This article analyzes the possibilities and features of the implementation of mediation at the enterprise. The main prerequisites for the emergence of conflict situations in business have been established. Proposals have been developed for the use of mediation methods at the enterprise for the settlement, prevention of corporate conflicts and disputes, as well as for improving the company management process. The mediation procedure is characterized by an effective way of reconciling the parties. Mediation helps not only to resolve a dispute, but also to analyze the relationship between people, to find out the emotional side of the conflict, which is often a key factor in a dispute. The advantages of using mediation in business disputes are determined. A comparative analysis of the judicial procedure and the mediation process was carried out and the significant advantages of the latter over the first in resolving disputes and conflicts at the enterprise were revealed. In general, Ukrainian society is ripe for settling this area. The adoption of the Law on Mediation is currently necessary for two important reasons: to create an effective mechanism for the operation of the Convention, and to provide citizens with understanding and certain guarantees regarding the use of this procedure. But it is also widely believed in Ukraine that the mediation agreement will not be implemented. Some people think that a court decision with a wet seal is more reliable than any agreement. Thus, it can be unequivocally stated that mediation is enshrined in law in almost all developed countries and is successfully used there. As a rule, when the Ukrainian judicial system is discussed in Ukrainian society, the society immediately complains about the imperfection of the law, deliberately "delayed" trials, corruption in the courts and in general in all government agencies. Under such conditions, there is a need for out-of-court (alternative) means of resolving disputes and conflicts. To meet such societal needs, the mediation procedure is an ideal alternative to litigation. Meanwhile, the profession of mediator in Ukraine and in the world is becoming increasingly important in all areas. The corporate sphere is no exception. Mediation as a way of pre-trial dispute resolution is a very important institution of law that will help enrich the legal culture and help change the Ukrainian judicial system.