КРИТЕРІЇ МЕДІАБЕЛЬНОСТІ В КОНТЕКСТІ СИСТЕМИ ВИРІШЕННЯ СПОРІВ

Abstract

Romanadze L. D. Criteria of mediability in the context of the dispute resolution system. - Article.

In recent years, alternative methods of dispute resolution are gradually gaining popularity in Ukraine, in particular, mediation and bill work on the institution­alization of mediation, which, among other things, is to determine the scope of mediation. However, the scope of mediation cannot be comprehensive given the nature of the dispute, the presence or absence of third party inter­ests, the capacity of the parties to the dispute and their subjective attitude to resolving the dispute in a certain way and other factors. The choice of the parties to the dis­pute should be ensured not only institutionally, but also should be provided with accessible and reasonable infor­mation on the criteria for selecting certain dispute reso­lution procedures.

The development of clear and sound criteria for the mediability of the dispute is the key to the effective devel­

opment of mediation as an alternative method of dispute resolution, the formation of public confidence in media­tion through an understanding of its essence and nature. The mediability of the dispute should be understood as a set of features of a particular dispute, capacity and sub­jective attitude of the parties to the dispute, the possibili­ty of compliance with the principles of mediation in a par­ticular mediation procedure, which together determine the objective and subjective possibility of mediation.

On the basis of the conducted analysis the criteria of mediability of disputes are formulated: constant criteria, the influence of which excludes the possibility of media­tion; variable criteria, the limits of which on the mediabil- ity of the dispute may vary as a result of the work of the mediator, representatives of the parties to the dispute and the adjustment of external circumstances, etc. In turn, to better understand the essence of both the mediation pro­cedure and the category of mediability of the dispute, it is proposed to identify: variable criteria that increase the probability of the beginning of the mediation procedure and its effective completion; variable criteria that reduce the probability of initiating a mediation procedure and its successful completion variable criteria related to the sub­jective attitude of a particular mediator to the assessment of the mediability of a particular dispute.