MEDIATION AS AN ALTERNATIVE OUT-OF-JUDICIAL WAY OF RESOLVING BUSINESS DISPUTES

Abstract

Purpose: research and theoretical substantiation of the specifics of the mediation procedure as an alternative out-of-court way of settling business disputes and as a comprehensive tool of the business process. Research methods: the work uses general methods of scientific knowledge determined by the purpose and tasks of this research, namely: logical generalization, extrapolation, analysis and synthesis, comparison and systemic approach, as well as comparative-legal, heuristic and systemic-structural methods. Discussion: examination of the main problems of the development of the institution of mediation: low awareness of citizens about this procedure, distrust of mediators, skeptical attitude towards them, insufficient level of competence of mediators, and search for ways to solve them. The mediation procedure is a relatively new way of solving economic and other disputes, but it still demonstrates its effectiveness and attractiveness at the moment, while the courts are overloaded with work on resolving disputes. The article also highlights the modern realities of mediation proceedings. Mediation has an accelerated process of settling a business dispute, and a mediation agreement has the same force as a court decision. Results: mediation is considered as a voluntary alternative (out-of-court) way of settling business disputes between conflicting parties with the involvement of a third person - a mediator. Often, in the process of working on conflict resolution, the mediator must look not only for the possibility of resolving this conflict, but also for emerging conflicts, that is, at the same time, deal with conflict prevention. As a result, mediation should be considered as an interdisciplinary category that includes such fields of knowledge as conflictology, psychology, linguistics, sociology, etc. A positive aspect of all methods of alternative dispute resolution is the clarification and satisfaction of the interests of the conflicting parties on the basis of a compromise. And the defining characteristic for the application of the mediation procedure is not the nature of the disputed legal relationship, but the readiness of the parties for negotiations, constructive dialogue, the desire to reach an agreement on the disputed issue, with the help of cooperation with highly professional lawyers-mediators, which determines the actualization of the implementation of such a procedure in the future. In Ukraine today, mediation is increasingly attracting the attention of scientists and practitioners, who believe that the introduction of the institution of mediation will relieve the burden on courts of general jurisdiction, commercial and arbitration courts.