Mediation In Ukraine Research Articles

Historical aspects of the emergence of mediation as a form of protection of intellectual property rights

According to Art. 1 of the Constitution of Ukraine is a social, democratic and legal state. Its development, in accordance with constitutional provisions, is impossible without effective means of protecting human rights and freedoms, including rights to intellectual property objects. It is worth noting that in modern conditions, intellectual property is developing rapidly, its objects are becoming more widespread, so it needs proper protection. The reason for the violation of intellectual property rights is the nature of the objects themselves, which makes it possible to easily and quickly reproduce and distribute them. In world practice, various forms of protection of these rights are used. But protecting them in court, as a rule, requires a lot of time, money and effort. Therefore, mediation is increasingly used as a form of protection of intellectual property rights. An important condition for the integration of our country into the European Union is the creation of a legal framework that would meet international standards, in particular in the field of intellectual property. It is important to adopt the positive experience of foreign countries in the field of legal regulation and functioning of alternative methods of dispute resolution. It should be noted that mediation in Ukraine is just beginning its development, however, on the basis of international standards and experience, we can analyze which aspects of legal regulation need to be improved, in particular for the protection of intellectual property. The use of mediation in the field of intellectual property in Ukraine would contribute to the improvement of the efficiency of dispute resolution, would improve the legal mechanisms for the protection of rights and legitimate interests, and would harmonize the current national legislation with international standards in this area. The purpose of this article's research is the issue of using mediation to resolve conflicts and protect rights to intellectual property objects.

Current state and perspectives of business mediation development in Ukraine

Recently, the mediation institution has become of great importance in developing Ukraine's legal dispute resolution culture. Under current conditions, Ukrainian society needs mediation in almost all legal relations. The establishment of several public organizations that distribute mediation in Ukraine is evidence of that. Today, society needs new, progressive, out-of-court dispute resolution methods between businesses, with minimal time and cost. There is currently a lack of adequate forms of conciliation in Ukraine, leading to overburdening court. Litigation is becoming a costly "red tape," as many cases are sometimes deliberately delayed. Highly qualified lawyers are generally unavailable to the vast majority of the citizens.
 One of the measures of decentralization that provided an opportunity to narrow the sphere of state influence on society and replace it - is the introduction of mediation as an alternative dispute resolution, particularly in business. In addition, the proliferation of mediation will help to reduce corruption in the judiciary, as the citizens and legal entities will be more likely to use out-of-court dispute resolution.
 In Ukraine, the introduction of the mediation institution, particularly as a method of business conflicts and dispute resolution, is at the initial stage, including the formation of organizational and legal conditions and the establishment of the system of mediation application in society.

ПРАВОВЕ РЕГУЛЮВАННЯ МЕДІАЦІЇ: ДОСВІД УКРАЇНИ ТА ЄВРОПЕЙСЬКИХ ДЕРЖАВ

Attempts to legally regulate the mediation procedure in Ukraine are analyzed. The shortcomings of some draft laws "On Mediation" are highlighted, including: the lack of a procedure for the transfer of disputes within the competence of state bodies; omission of provisions that would establish the content of the legal consequences of mediation for both the parties and for public authorities. Important progressive changes aimed at development of institute of mediation in Ukraine are: bringing the current legislation of Ukraine on alternative dispute resolution in line with European Union standards and implementing the provisions of Directive 2008/52/EC of the European Parliament and of the Council into national legislation of Ukraine, that will create conditions for the work of mediators in the single European legal space; improving legal mechanisms to ensure the right of a person to protect his rights and freedoms by allowing the parties by voluntary agreement, on the basis of common interests, to resolve disputes quickly and effectively through negotiations and mutual understanding. The definition of the term "mediation" under Recommendation Rec (2002)10 of the Committee of Ministers to member States on mediation in civil matters and Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters is investigated. In order to implement the provisions of these European acts, the Member States of the European Union have adopted special national laws on pre-trial and judicial mediation. The legal regulation of mediation in Germany demonstrates the promotion of a peaceful settlement of the dispute by including various incentives for the parties, establishing the obligation of the mediator to provide training and advanced training. As a result of the analysis of the legal consolidation of the mediation procedure in Poland, a characteristic feature - the creation of an institutional and legislative basis for ensuring a mechanism for monitoring the quality of mediation services - was identified. A review of the legal provision of mediation in France, where the conciliation service is provided by victims' associations and by private mediators accredited by the local prosecutor, who have entered into a contract with the Ministry of Justice, was conducted. It is proposed to amend the draft Law of Ukraine “On Mediation” № 3504, with provisions concerning citizens' awareness of the level of professionalism of mediators and control over the quality of their activities.

ФОРМИ АДМІНІСТРАТИВНОЇ ДІЯЛЬНОСТІ МЕДІАТОРА (МЕДІАЦІЙНА УГОДА)

Current trends in the system of public relations indicate the development of innovative technologies in management, in turn, the widespread introduction of information and communication technologies stimulates further work on the maximum availability of administrative services. One of the topical issues of modern Ukrainian jurisprudence is the issue of settlement of social relations that were formed during the last period of development of the Ukrainian state - the period of independence. These processes were accompanied by the replacement of Soviet models of society, the adoption of positive world experience, the ratification of international regulations, the rules of which were gradually implemented in the Ukrainian system of law and legal relations. In fact, the article is devoted to one of such issues - the administrative and legal aspects of the activities of mediators, as well as the forms in which it is carried out. The establishment of the institute itself stimulated research on mediation by specialists in various fields of scientific knowledge, and falls in the second half of the XX - early XXI centuries, but within the national legal system, and therefore research of this institute in Ukraine intensified in the late 1990s and are of great relevance today. This is due to systemic transformational changes in society, the formation of information, democratic, legal society, reform of public administration, the judiciary, decentralization processes and more. Mediation is one of the forms of resolving administrative and legal disputes. To achieve this goal it is necessary to implement the following tasks: to explore the categorical meaning of the concepts "forms of administrative activity", "mediation agreement", "mediator"; to formulate own vision of problems of forms of administrative activity of the mediator. The formation of a clear understanding of the basic categorical apparatus and mechanisms for the implementation of norms in the field of mediation is the key to further development of this institution in our country. The study found that mediation is the best way to resolve conflicts as the most acute contradictions, based on modern research of society, the state, aimed at the development of civil society institutions. This type of dispute resolution is currently gaining popularity in the world. The analysis of the situation in the field of mediation in Ukraine makes it possible to identify a set of problems that require further regulation, the formation of quality human resources, ie entities that provide mediation services.

Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding

In this note, the authors identify some problems concerning the introduction of mediation in Ukraine in terms of its use in the consideration and resolution of court cases. Despite the lack of clear legal regulation for mediation, courts in Ukraine still try to use this mechanism of pre-trial dispute resolution. Particular attention is paid to the law enforcement activities of courts in criminal and administrative cases, in which courts try to equate the conciliation procedure with the mediation procedure. These approaches clearly follow from the Resolutions and Recommendations of the Committee of Ministers of the Council of Europe and the settled case-law of the European Court of Human Rights (ECtHR) since, back in 1975, the ECtHR in its decision Golder v. The United Kingdom ruled that it is unlikely that the rule of law can be imagined without access to justice. However, the presumption that the courts are the main institution for resolving disputes continues to be undermined by the proliferation of alternative forms of dispute resolution, both agreement-based and judicial.

Models of mediation: Theoretical and legal analysis

AbstractThe research is relevant since the success of mediation largely depends on the model of the process chosen by the mediator at the stage of preparation. This article aims to study different models of mediation, such as facilitative mediation, evaluative, transformative, e‐mediation, mixed mediation, mediation‐arbitration, narrative mediation, “Shuttle” mediation, court‐mandated mediation, and a lot of others. The key method of research on this issue is the method of analysis, which was used to characterize and determine the characteristics of different models of mediation, and to classify these models according to different criteria. The results showed that among all the studied models, facilitative mediation is the most popular in use. It focuses on the interests of the parties, reflecting the main goal of this procedure, which is to achieve a solution that meets the interests of all parties, and mixed mediation, when the mediator combines different mediation models, using the benefits of each. The study concluded that the mediator should take into account the content of the dispute, the interests of the parties, and the relationship between them, and choose the style of the process that best suits the specific situation. The materials of the article can be used to develop legislation regulating mediation in Ukraine. The results of this study can be used by scientists to conduct theoretical and practical research in the field of alternative dispute resolution, as well as mediators to increase the level of knowledge in the preparation for mediation.

International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine

International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed.
 It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation.
 The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading.
 It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine.
 Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.

Regularities of family mediation development in foreign countries and in Ukraine

The main task at the present stage is the formation of mediation as a type of professional activity. That is why, the study of the views of domestic and foreign scientists regarding the features of the professional activity of a mediator is an integral part of the qualitative implementation of the institution of mediation in Ukraine as a whole, and provides an opportunity to improve the level of professional training of future mediation specialists in accordance with the requirements of the present.
 Due to the tendency to use private legal mechanisms for resolving private disputes in private disputes, we consider it necessary to develop a doctrinal non-jurisdictional way of resolving private disputes, namely mediation. The mediation procedure is an organized procedure with the participation of a mediator, assists the parties in resolving a dispute and making a decision for both parties.
 The main difference between family mediation and other types of dispute resolution, in the context of the development of the education system, is its non-directiveness. Mediation only uses the law, in contrast to the traditional methods based on legal regulation. A flexible and democratic way of resolving disputes based on the voluntary participation of the parties creates conditions for the parties to control not only the development and decision-making process, but also the quality of this decision, guaranteeing them complete confidentiality, ensuring the preservation of their reputation and the possibility of constructive interaction in the future.
 Now in Ukraine, a stage of formation of a professional community of mediators and a consumer niche is underway, which indicates that Ukrainian mediation is currently at the initial stage of its institutionalization.

ФІНАНСОВА МЕДІАЦІЯ — НЕОБХІДНІСТЬ І ОСОБЛИВОСТІ НОРМАТИВНО-ПРАВОВОЇ РЕАЛІЗАЦІЇ

Проаналiзовано концептуальнi підходи до формування правової позиції під час застосування процесу медіації як процедури альтернативного врегулювання спору згідно з проєктом закону України про медіацію. На жаль, проблеми забезпечення альтернативних способів несудового захисту сторін під час урегулювання спору між сторонами в галузі цивільного, трудового, сімейного чи адміністративного права на законодавчому рівні не було вирішено, що негативно впливає на судову практику.
 Наголошується на важливості впровадження в Україні інституту альтернативних способів урегулювання спорів шляхом застосування процедури медіації в розв’язанні проблеми реалізації права кожної особи. Адже це сприятиме поліпшенню доступу громадян до правосуддя та скороченню навантаження на суди, у зв’язку з чим допоможе скоротити строки розгляду справ i відсоток оскаржуваних рішень, зменшити судові витрати, поліпшити якість судових рішень та досягнути примирення між сторонами.
 У зв’язку з цим метою статті є розроблення пропозицій щодо внесення змін до законопроєкту про медіацію, зокрема, наголошується на необхідності передбачити на законодавчому рівні відповідальність сторін спору, а також детальніше окреслити перелік обставин, які унеможливлюють нейтральність медіатора, та наслідків недотримання медіатором заборони щодо участі у медіації спорів, у яких він має особистий інтерес. На нинішній день у законі не відображені санкції, які можуть застосовуватися до медіатора за невиконання ним його обов’язків щодо процесу медіації.
 Саме тому одним з основних призначень нашого дослідження є привернення уваги вчених до необхідності формування загальновизнаного понятійного апарату професійної відповідальності, у тому числі і понятійного апарату професійної відповідальності медіаторів, оскільки його відсутність негативно впливає на юридичний практику. Наявність гармонійної системи професійної відповідальності медіатора може виступати потужним стимулом надання якісних послуг з медіації, а потім і одним з вагомих факторів розвитку інституту медіації. При цьому вбачається, що в ході подальшого розвитку медіації в Україні та зростанні кількості медіаторів це питання матиме актуальний характер і вимагає свого подальшого наукового вивчення та законодавчого врегулювання.

Theoretical And Methodological Fundamentals Of Administrative And Legal Regulation Of Mediation

The article is devoted to the study of theoretical and methodological foundations of mediation, which determine the content of its administrative and legal regulation. Scientific views on the essence of the mediation procedure from the point of view of organizational, communication, psychological approaches are considered, the conceptual apparatus of mediation is generalized. Thus, mediation should be considered as an alternative way to resolve the dispute, where the conflicting parties on the basis of voluntary expression use the help of a neutral, impartial and independent third party - a mediator who directs the parties to jointly resolve the dispute by using his special knowledge, skills and experience in the process. The understanding of mediation by domestic scholars in administrative law is analyzed. Obstacles to the absolute use of mediation to resolve public law disputes in Ukraine have been identified. The challenges facing the introduction of a peaceful settlement of administrative disputes with the participation of a mediator are the special attitude of Ukrainians to the subjects of power; corruption risks; disinterest of public authorities in changes in their activities; issues of initiative and voluntariness of the procedure; debatability of mediation of certain categories of disputes; lack of legal regulation of mediation. A generalized list of characteristic features of the mediation procedure is offered. The main functions and special principles of mediation in the administrative process are determined, which in the future may form the basis of its administrative and legal regulation. Further research on the issues of the scientific article should be aimed at studying the content of administrative and legal regulation of mediation and regulatory and theoretical foundations for determining the directions of building effective administrative and legal regulation of mediation in Ukraine.

The mediation as a way to resolve family disputes

The article highlights the essence and importance of mediation as an alternative way to resolve conflicts. The principles and stages of using the mediation procedure in resolving family disputes are considered. The advantages of family mediation are substantiated, as it allows to take into account the high emotionality of family misunderstandings, the human factor in the conflict and pays much attention to the relationship, and therefore helps the parties to resolve differences and cooperate voluntarily to make informed decisions. the lowest cost and confidentiality, which is certainly an extremely important aspect in dealing with family matters. Family mediation is used as a pre-trial, out-of-court means of resolving a family dispute, as well as in the process of court proceedings and at the stage of execution of a court decision. Family mediation also works with those categories of cases that cannot be the subject of a court dispute, intergenerational conflicts, interpersonal misunderstandings in the family, and some categories of inheritance cases. The role and principles of the mediator's work in ensuring communication and making mutually beneficial decisions for the conflicting parties are substantiated, which contributes to comprehensive and effective conflict resolution, maintaining friendly relations, and reaching agreements that each party will voluntarily fulfill. The effectiveness of family mediation when working with children has been studied. The analysis of normative-legal regulation of mediation in Ukraine is carried out. The necessity of legal regulation and introduction of the mediation procedure as an alternative way of resolving family disputes is substantiated, which will provide a quick out-of-court settlement of the dispute, help unload the judicial system, provide opportunities to improve and simplify access to justice. Based on foreign experience, conclusions have been drawn on the expediency of proper legal support of the mediation procedure in Ukraine, which will bring the provisions of national justice closer to European standards.

INSTITUTE OF MEDIATION IN UKRAINE DEVELOPMENT PROSPECTS AND FOREIGN EXPERIENCE

Purpose: the purpose of the scientific article is to generalize the foreign experience of the development of the institute of mediation and outline the prospects for the development of mediation in Ukraine. Methods: to achieve this goal, general and special scientific (special) methods were used, in particular such as: comparative law, system-structural methods, as well as the method of analysis of current domestic, foreign and international legislation. Results: despite numerous studies on this issue, the institute of mediation is of scientific interest in its further development in Ukraine. For serious changes, it is necessary to consolidate the existence of the institution of mediation at the legislative level and adopt the Law on Mediation. The issue of training professional mediators remains unresolved, so it is still important to determine that a mediator should obtain higher legal education. Discussion: despite the lack of a relevant law and the definition of the concept of «mediation» in the legislation, it is still included in the Ukrainian legislation and is used in practice. In Ukraine, there is no specialized law that would regulate the mediation procedure. Today there is only the Bill «On Mediation» adopted in the first reading. Despite the lack of a definition of «mediation» in the legislation, it is still included in Ukrainian legislation. Thus, the Civil Procedure Code, the Commercial Procedure Code, the Code of Administrative Procedure of Ukraine and the Criminal Procedure Code of Ukraine contain provisions that fully cover the dispute resolution with participation judges, the conclusion of an amicable agreement and the prohibition to interrogate as a witness persons who «are obliged by law to keep confidential information entrusted to them in connection with the provision of professional legal assistance or mediation services during out-of-court settlement of a dispute». It is very important that despite the lack of law, the profession of mediator is still recognized and added to the National Classification of Occupations of Ukraine ДК 003:2010 under number 2442.2 «Specialist in conflict resolution and mediation in the socio-political sphere». In addition, due to the active mediation practice in Ukraine, during the years of independence, mediator organizations, training centers for future mediators began to function, training and advanced training programs were developed and even the Code of Ethics of Mediators was concluded by the National Association of Mediators of Ukraine. Of course, this Code is mandatory only for members of the Association, but in the future it may become a prototype for a mandatory Code of Ethics.

New Directions of Mediation Development in Ukraine

The rapid development of public relations in view of the spread of the new disease and acute crisis has an impact on all social institutions without exception. Mediation is no exception, so the current subject of the research is the analysis of new areas of the development of the social and legal institution of mediation in Ukraine. The purpose of the article is to identify new areas of mediation development in Ukraine, taking into account the impact of the COVID-19 pandemic on the most important areas of public life. In accordance with the purpose, the following tasks are formulated: to research the features of mediation in the field of health care; to study the development of online mediation; to study the features of school mediation as a mean of combating bullying. The research was based on a forecasting method to determine the perspectives for the use of mediation to resolve acute social conflicts.
 New directions of mediation development in Ukraine have been studied in view of the COVID-19 pandemic and the caused social, political and economic crisis. New challenges of today are considered, where mediation should become an effective tool: a growing number of medical and family disputes, combating domestic violence, combating bullying (school mediation). The slow process of institutionalization of mediation hinders its accessibility, so online mediation may be a new direction of its development in Ukraine. The need to create legislation on mediation remains relevant, which should provide regulations on mediation on the Internet. Modern mediators must adapt new requirements of their activities: to acquire new knowledge (in particular, in the field of medicine as the most perspective area) and use the Internet space for mediation. School mediation should be further promoted and understanding services should be encouraged to prevent violence among children.

Mediation in criminal proceedings: legal regulation in Ukraine and foreign experience of application

The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.

Концептуальні засади здійснення медіації при реалізації зовнішньоекономічних контрактів

The article discovers the results of studying the conceptual framework of applying mediation in the context of foreign economic contracts implementation. The approaches to defining the ‘mediation’ concept have been outlined. The features and advantages of mediation in Ukraine are determined. It has been substantiated that mediation is an effective and rather popular way in

Principles of Introducing the Institution of Mediation in Public Legal Disputes in Ukraine

The article is focused on theoretical study of the principles of introduction of the institution of mediation in public law disputes in Ukraine. It has been determined that the introduction of mediation in the field of public administration should be carried out in accordance with the specifics of public law disputes. The current status of legal regulation of mediation in Ukraine has been analyzed. It has been emphasized that the main way to introduce the institution of mediation in resolving public law disputes is to create and continuously improve the administrative and legal regulation of mediation. The emphasis has been placed on the great influence of the principles of the mediation procedure on further formation of legal regulation of mediation. The article is focused on theoretical study of the principles of legal regulation of mediation as an element of the content of administrative and legal regulation of the social and legal institution of mediation, it considers scientific approaches to the concept of administrative and legal regulation and forms of its own definition. Administrative and legal regulation of mediation in the study has been understood as the purposeful influence of the state, its agencies and officials on relations arising in the field of mediation, in order to achieve stability, law and order through the use of legal means (legal norms, legal principles, legal facts, etc.) for establishing the extent of possible and necessary behavior of mediation subjects. The article illustrates the division of principles as legal means of administrative and legal regulation of mediation into general and special ones. The general principles of regulation of mediation in the administrative process correspond to the principles of administrative law. The basic principles of such regulation are the principles of the rule of law, legality, justice, priority of human and civil rights and freedoms, humanism, equality, non-discrimination, responsibility of the individual and the state, publicity, compliance with international standards, minimum state intervention, proportionality, etc.; the essence of each principle has been also clarified. Further research on the issues of the scientific article should be aimed at the possibility of practical application, implementation and realization of the principles of administrative and legal regulation of mediation.

PROSPECTS FOR THE DEVELOPMENT OF MEDIATION IN THE ADMINISTRATIVE PROCESS OF UKRAINE AND ITS INFLUENCE ON FORENSIC ACTIVITY

The article considers the main directions for the development of mediation procedure in Ukraine in accordance with the current legislation and its development prospects in administrative law. The current state of mediation in Ukraine and the experience of previous implementation of this procedure were outlined. Scientific papers of domestic scientists were studied, independent ways of mediation development as a category of legal relations were identified. Currently, the status of a mediator is determined, including the Draft Law: “On mediation” and its basic provisions are considered. Disputed aspects of the current legislation, namely problems of introduction of mediation and possible ways for improving the Draft Law of Ukraine: “On mediation” were analyzed. The list of problems for introducing mediation into administrative law were defined, which is suggested to be divided into three groups: general, administratively oriented, technical. Common problems are conditioned by conceptual problems of mediation introduction, administratively oriented: provide impossibility of the development of alternative ways for solving disputes in administrative law, and technical: gaps in legislation concerning procedural aspects of carrying out mediation. Recommendations are also given on ways to overcome these problems, which will facilitate a gradual transition to mediation as an alternative way of settling disputes. As the main recommendation phased implementation of the Law of Ukraine: “On mediation” is suggested. Transition to each stage involves reducing court involvement in mediation procedures and further allocating it in independent system of alternative dispute resolution. Foreign experience of mediation was considered which is taken into account in the current practice of disputes peaceful settlement and confirms the need to implement the proposed recommendations.

Specific Features of the Formation and Development of Mediation in Foreign Countries with Anglo-Saxon and Romano-Germanic Legal Systems

In the context of radical changes taking place in the field of jurisprudence, the topic of researching innovative forms of mediation, which has recently become a phenomenon of legal reality, becomes especially relevant. The scientific work is focused on studying the peculiarities of the formation and development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems, as well as the procedure for training professional mediators in these countries. According to the chosen topic, the purpose of this scientific article is to consider the modern system of training mediators in developed countries with different legal systems, their comparative analysis in the context of common methods and techniques of training mediators in the world practice, with further implementation of international experience of developed countries in Ukraine, as well as perspectives for applying mediation as an independent way of resolving legal disputes in Ukraine.
 In accordance with the purpose and objectives of the research, the author of the scientific work has used a set of methods and techniques of scientific cognition, both general theoretical, special and scientific. Using the epistemological method of the research, the author has defined the essence of mediation as a separate alternative way of resolving disputes, which was initiated in the 60-70s of the XX century in the United States of America. Using the historical method, the author has studied the stages of development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems. The comparative and legal method has been used to generalize international experience in the development of mediation and training of mediators in Ukraine, to develop recommendations for the introduction of such experience in the area of alternative dispute resolution along with litigation.
 The peculiarities of the stages of the formation and further development of the institution of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems have been analyzed. Based on the generalization of leading international practices, the author has conducted a brief overview of the training of mediators in countries with different legal systems. The expediency of introducing international experience of developed countries in the training of mediators in Ukraine has been substantiated. It has been concluded that the legislative consolidation of the institution of mediation in Ukraine by the example of developed countries with Anglo-Saxon and Romano-Germanic legal systems will provide rapid and cost-effective out-of-court settlement of disputes, as well as improve and simplify access to justice. It has been proved that on the basis of the model of mediation development in developed foreign countries, its introduction in Ukraine will allow to bring the provisions of national justice closer to European standards; reduce state budget expenditures, as well as promote the development and enhancement of the legal culture of citizens.

Sergiy Babanin. Legal provision of mediation in Ukraine

Sergiy Babanin. Legal provision of mediation in Ukraine

ПРОБЛЕМА ЗАКОНОДАВЧОЇ РЕГЛАМЕНТАЦІЇ ПРИНЦИПУ КОНФІДЕНЦІЙНОСТІ В МЕДІАЦІЇ

The article deals with the analysis of the problem of normative regulation of the principle of confidentiality of mediation in Ukraine. The importance of confidentiality for the mediation process is recognized at the international level, in particular in the Directive №2008/52/ EU of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters in 2008. For a successful mediation procedure, it is important for the participants to be completely open and confident in the proper protection of information that becomes familiar during its implementation. Therefore, the legal regulation of the secrecy of mediation must be perfect, as it is a key factor in building public confidence in the new institution of peaceful dispute resolution. The author explores approaches to understanding of the concept of "confidentiality". The international regulation of the principle of confidentiality of mediation and foreign experience of its enshrinement in the regulations of countries such as Spain, Georgia, Kazakhstan, Russia and Belarus are analyzed. It is established that the current domestic legislation and the draft law on mediation do not contain sufficient guarantees for the implementation and maintenance of the principle of confidentiality. It is concluded that there is a high level of threat of abuse in the field of mediation confidentiality. The author identifies the need for a reasonable restriction on non-disclosure of the secrecy of mediation under certain conditions and proposes the main directions of improving the regulatory framework for the principle of confidentiality of mediation. Among them there are: the definition of a clear list of exceptions to the principle of confidentiality, detailed regulation of the liability of participants in the procedure for violating the secrecy of mediation, improving the legal status of the mediator in terms of confidentiality and more.