МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНА ПРОЦЕДУРА ВИРІШЕННЯ ЗЕМЕЛЬНИХ СПОРІВ: ВІТЧИЗНЯНИЙ ТА ЗАРУБІЖНИЙ ДОСВІД

Abstract

The article explores the problems of introduction the institute of mediation in land disputes in Ukraine. The essence of mediation and the reasons explaining why it is a more effective way of resolving land disputes were disclosed. The article analyzes the essence of judicial and extrajudicial mediation that identifies their key differences and advantages. The authors noted that judicial model is more suitable for implementation in Ukrainian legislation because of its economy and convenience for disputing parties. The national legislation in which the Institute of Mediation has not yet found its place due to the lack of legislative regulation was characterized. Ukrainian legislation does not contain rules in respect of regulating the activity of mediators. The model of the mediation institute is also not defined. In practice there are private mediation centers. Basically, there are private mediation centers, but for their proper functioning the authors have been offered legislative regulation. A necessary study of the mediation procedure as one of the alternative ways of resolving land conflicts was made. The ways of introducing judicial and extrajudicial mediation in foreign countries were also analyzed and proposals to improve domestic legislation were made too. The successful experience of introducing mediation in Georgia, Slovenia, Germany and the USA, in which the Institute of Integrated (Judicial) Mediation has been progressing, was considered. Due to this, exploration options of solving this problem for Ukraine was proposed. The negative factors of introduction of a mediation institute, which indicate a high probability of unfair application of this procedure, are given. Implementation of the Law on Mediation in order to resolve land disputes if the parties voluntarily agree to do it is proposed. As a result, the law will have a positive effect on the public's awareness of the essence of mediation and will be successfully used by citizens as an alternative to the judicial settlement of land disputes. Thus, the authors came to the conclusion that the problem of legal regulation of mediation is extremely important especially in the land disputes.