Open AccessMediation as an alternative way of considering and resolving public law disputes
Author(s) -
Anatoliy Berlach,
Ulyana Izdebska
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-4-161-167
Subject(s) - mediation , alternative dispute resolution , party directed mediation , political science , legislation , confidentiality , transformative mediation , law and economics , business , law , public relations , sociology
The work concerns the study of administrative and legal support of mediation as a method of resolving administrative disputes, analysis of the theoretical foundations of Ukraine in mediation, taking into account relevant foreign practice and methods of improving mediation and legal support in domestic administrative procedures. The paper reveals the origin of the mediation system, clarifies its essence, structure and characteristics of the mediation system and determines the legal basis of mediation as a means of resolving administrative disputes and types of mediation practices. As a result of this study, several proposals were made to improve existing legislation and law enforcement practices in the field of mediation as an alternative to conflict resolution. It has been stated that the clear introduction of one of the world models of mediation in the ad-ministrative process of Ukraine will contribute not only to achieving a balance of interests between indi-viduals, legal entities and subjects of power, development of partnerships, business relations between them, harmonization of public relations, but also development institute of mediation in general. Simultaneously with the introduction of mediation in the administrative process of Ukraine, it is necessary to establish legal liability for the mediator for violating the requirements of confidentiality. Thus, the improvement of mediation processes in the administrative proceedings of Ukraine plays an important role and needs further improvement, as mediation can greatly simplify the activities of courts and improve their work in difficult cases.