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MEDIATION INSTITUTION: EXPERIENCES FROM COUNTRIES ACROSS THE WORLD

By Mykhailo Pitiulych and Iryna Nakonechna

Abstract

The aim of the article is to study the process of implementation of the institute of mediation in Ukraine and across the world. The subject of the study is mediation institution, analysed from scientific perspectives and on the basis of provisions of foreign and Ukrainian legislation. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “mediation” and “labour dispute”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse the legislation on the subject matter in the US and leading European countries. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of mediation. The systemstructural method enabled to identify the main differences of mediation from other ways of economic dispute resolution. Methods of analysis and synthesis enabled to identify the main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution. The method of legal modelling enabled to develop proposals regarding this institution introduction in Ukrainian legislation. Practical implications. Studies on mediation institution in the US and leading European countries helped to develop recommendations for this institution introduction in Ukrainian legislation, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “mediation” and “greenmail” are defined. The main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution, are identified. In Ukraine, in comparison with other countries, the indecisiveness and inconsistency of the actions of the domestic legislator are stated as the key problem of mediation institution. It is underlined that nowadays-Ukrainian society is ready for this institution’s introduction because mediation is the alternative way of dispute resolution, which enables to solve a number of social and economic problems

Topics: foreign experience, mediation, dispute resolution, legislation, legal regulation, Economic growth, development, planning, HD72-88
Publisher: Izdevnieciba “Baltija Publishing”
Year: 2019
OAI identifier: oai:doaj.org/article:1663d93b88a64b92812aef28ae98c930
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