Mediation as a Component of Conflict Management: Experience of European Union Countries and its Implementation In Ukraine

Abstract

In the context of transformation of all spheres of life, the ability of people to effectively communicate and resolve conflicts that arise throughout life is of great importance. The congestion of courts, the length and high cost, inflexibility and regularity of the judicial way of resolving conflicts in civil, family, labor and other areas of law make it necessary to resort to alternative approaches to dispute resolution (ADR). Of particular importance is the ability to use mediation procedures – an informal and flexible dispute resolution process. Mediation is free from the disadvantages of litigation: the European experience shows that the basic principles of mediation are voluntariness, autonomy of the parties, confidentiality of the procedure, the neutrality of the mediator, unlike a judge or lawyer. The actual application of these principles and rules of mediation allows for excellent results in conflict resolution - the practice of EU countries and associated members indicates that between 80% and 100% of cases are resolved through mediation.
 The article discusses in detail the experience of EU Member States in applying mediation practices: models of keeping a register of mediators (registering is possible by a single state body, more often it is the Ministry of Justice; registers can be maintained by a single non-governmental organization, for example, mediators' associations of a country; which unites mediators and each is responsible for its own register), the requirements for the qualification and professional level of mediators (usually any person without restrictions on the profession can become a mediator; but often the age criterion is used), the regulatory framework for mediation (mainly mediation is governed by the relevant country law, but also the approach without legislative regulation of mediation procedures, for example, in the Netherlands), the cost of mediation procedures (mainly depends on the complexity of the conflict case and the field of the case). The role of mediation in resolving labor disputes is considered: models of application of mediation in companies, issues of organization losses in the event of conflicts and their improper resolution, directions of improvement of the system of conflict management in organizations taking into account the European experience.