ПРОЦЕДУРА МЕДІАЦІЇ У ВИРІШЕННІ ЦИВІЛЬНО-ПРОЦЕСУАЛЬНИХ СПРАВ

Abstract

Kosiachenko K. E, Cherepanov M. M. Mediation procedure in resolving civil proceedings. - Article.

Every country has a judicial system that plays a crucial role in public relations. The judicial system of Ukraine is characterized by the effectiveness of protection of human and civil rights and freedoms in accordance with the law. However, the judiciary is changing throughout the term of an independent state due to certain reforms and chang­es. Despite some reforms and changes, the judiciary is

currently in trouble. That is, the courts are very busy and thus violate the terms of the trial.

The main variation in solving this issue is the consid­eration and development of alternative methods, among which is the institution of mediation. First of all, the word “mediation” means “mediation”. In psychology, re­searchers study mediation as a kind of form of resolving disputes and conflicts. That is, mediation is defined as a voluntary and confidential way of resolving conflicts, the mediator helps the participant to start direct negotiations to resolve the problem. There are certain signs of media­tion, namely: confidentiality and a structured procedure.

Civil law relations are the broadest field of media­tion. The Recommendation of the Committee of Min­isters to the member states of the Council of Europe № 10 of 18 September 2002 on mediation in civil matters,

based on the conceptual framework of previously adopt­ed acts of the Council of Europe, calls for the introduc­tion of mediation in commercial and labor disputes, consumer protection cases. Obviously, its developers understood that the introduction of mediation in the field of business is the best approach, because it is able to ensure the voluntary finding of a compromise, the most acceptable to both parties, a decision taken in a confidential manner. It is clear that under such condi­tions, business relations will only benefit from the use of mediation, both in terms of economic benefits and in the context of a rational perspective of maintaining partnership and friendly relations between the parties to the dispute.