LEGAL ESSENCE OF MEDIATION AND PROCESS OF MEDIATION FOR A A СONFLICT-FREE DISPUTE RESOLUTION

Abstract

The relevance of the research topic is due to the fact that in today’s world there is an urgent need to promptly, legally, and most importantly justice to resolve the dispute that has arisen between the parties. Nowadays, such activities as mediation are becoming more and more popular. The article provides a definition of mediation and the mediation process as concepts in the relationship between statics and dynamics, identifies their features and the main principles that should be followed in mediation and the mediation process. Emphasis is placed on the historical experience of the existence of the beginnings of mediation in the ancient world. Proposals are provided for the effective implementation of this institution in modern legislation, as well as requirements for persons who must carry out mediation activities. The objectives of this article, correlating with the conclusions and suggestions, are to separate the legal institutions of mediation and the mediation process as a static concept and a dynamic process; identification of general features as signs of mediation and special features as signs of the mediation process; defining special principles specific to the mediation process; substantiation at the legislative level of basic educational requirements for a mediator and ethical rules of a mediator. Consider the possibility at the legislative level to provide for the possibility of appealing the mediation agreement under certain conditions, for example, if the information considered in the mediation process was misrepresented by one or both parties, or it turns out that the mediator abused his position or rights. It turns out that mediation and the mediation process can become an equal tool for resolving disputes with the highest effect of positivism to protect the rights and interests of the parties.