MEDIATION AS A PHENOMENON OF LEGAL REALITY

Abstract

The article is devoted to the study of the prospects for the use of mediation as an independent way of settling civil legal disputes in Ukraine. The article is devoted to the alternative methods’ analysis of the private-legal disputes. The effectiveness of carrying out of the mediation procedure, meaning and main point of this process, mediator’s role on the decision-making, that the most advantageous for the conflicts parties has been researched. In the article, the author outlines the tasks of the mediation process in the civil process, compares the mediation and judicial procedure for resolving civil legal disputes, notes that mediation becomes an independent phenomenon of legal reality. The author concludes that the legislative consolidation of the mediation institution will provide a quick and cost-effective extra-judicial dispute resolution, and will provide an opportunity to improve and simplify access to justice. In particular, mediation in the civil process will help to unload the judicial system, as fewer cases will enter the court, which will increase the efficiency of judicial proceedings, the introduction of the mediation institution will bring the domestic legal proceedings closer to European standards; an equally important factor in the implementation of the mediation institute in Ukraine is that it will reduce the expenditure of the state budget, unload the organs of the state executive service, as well as promote the development and enhancement of the legal culture of citizens, and will be an important step for the formation of a significantly higher level of development of society.