ЗАСТОСУВАННЯ ПРИНЦИПУ ДОБРОВІЛЬНОСТІ У ПРАВОВИХ МОДЕЛЯХ МЕДІАЦІЇ

Abstract

The article is devoted to the research of the concept of the principles of mediation, the disclosure of the content of the principle of voluntariness of mediation and the definition of the problems of applying the principle of voluntariness of mediation in various legal models of mediation. It is determined that the principles of mediation are interrelated fundamental ideas that enable and define mediation as an alternative dispute resolution. The definition of the principle of voluntariness as one of the fundamental principles of mediation is formulated. The components of the principle of voluntary mediation are determined, which remain inviolable when mediation is mandatory and form its basis as a legal institution. The analysis of the foreign experience of the implementation of the mandatory model of mediation was carried out and the connection between the principle of voluntary mediation and the mandatory pre-trial model of mediation was shown. It is argued that the introduction of a mandatory pre-trial model of mediation for certain categories of cases does not deprive the parties of the right to apply to the court if necessary. The thesis regarding the expediency of enshrining at the legislative level in Ukraine the possibility of stopping the running of the limitations period when the parties to the dispute turn to mediation for the duration of its mediation to ensure unhindered access to the judiciary is substantiated.