Abstract

The need to introduce the institution of mediation in the domestic legal system is based on the positive results of the practical application of the institution of reconciliation in many countries around the world, which indicates its effectiveness. The use of an alternative, non-judicial way of resolving disputes, particularly, mediation, will provide an opportunity to solve the problem of court congestion. The article is devoted to the research of the introduction of the practice of settling administrative disputes through the mediation procedure in Ukraine. The problematic issues that need to be regulated in the legislation have been identified, that are principles and procedure for conducting mediation: from its initiation to the moment of termination; the legal status of the mediator, particularly, the conditions for acquiring the status of a mediator, the content of his rights and obligations, liability for violation of the law on mediation, as well as the categories of disputes in which it can be used. The feature of administrative proceedings is that one of the parties in the dispute is the subject of power. Thus, the feature of alternative dispute resolution, in particular mediation, in administrative proceedings is the peaceful settlement of relations between a state agency, on the one hand, and with a natural or legal person, on the other. There are several possibilities for legalization of the status of a mediator: the first is the implementation of mediation by professional independent mediators (for example, members of a professional association of mediators); the second is judicial mediation: or the settlement of a dispute with the participation of a judge. The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes.

Highlights

  • Unlike many foreign countries, where the practice of mediation is more than a decade old and has been regulated, in Ukraine there is no special legal act that would define the concepts, principles, procedure for mediation, from its initiation to termination, legal status of a mediator, as well as the categories of disputes in which it can be used.In today’s world, mediation is used mainly in resolving civil law and commercial law disputes.After all, such disputes usually arise between equal subjects, who can choose different options for resolving the conflict

  • The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes

  • Mediation is not limited to the subject matter of the dispute, but takes into account the underlying causes of the conflict

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Summary

Introduction

In today’s world, mediation is used mainly in resolving civil law and commercial law disputes. After all, such disputes usually arise between equal subjects, who can choose different options for resolving the conflict. The questions of the possibility and expediency of introducing mediation in resolving administrative disputes are more debatable. This is due to the fact that one of the parties to the dispute is a public authority endowed with power, which should act only within the limits clearly defined by law. It should be noted that there is no consensus on the possibility of using mediation to resolve administrative disputes, neither among practitioners nor among scholars. The use of an alternative, non-judicial method of resolving disputes, including mediation, will provide an opportunity to solve the problem of court congestion

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