Features of object-domain formation of public administration of mediation in Ukraine

Abstract

The article is devoted to the consideration of peculiarities of formation of object-subject sphere of state mediation management in Ukraine. The model of mediation as well as approaches to the construction of mediation structure and mediation processes are considered. Methodological principles of regulation of mediation and their implementation in the present day are analyzed. Areas of application of mediation in public administration are defined. Modeled mediation model. It is proven that mediation is a process of joint settlement and conflict resolution. Its main components are certain tendencies of introduction of mediation in the world, corresponding to them regularities and, in connection with them, principles. Implementation of mediation in accordance with the requirements of the developed laws and principles depends entirely on the conflicting parties.

It is justified that the introduction of mediation is determined by the development of its institution. But the main factor influencing the introduction of mediation is the state-legal system, which reflects all the phenomena occurring in the country and beyond.

Mediation has been identified as one of the methods of dispute resolution. Therefore, in the state legal system, it must be developed and successfully applied to achieve a peaceful settlement of disputes.

It has been argued that all issues related to mediation in court proceedings should be settled in the codes of procedure in the same way as in the settlement agreement and the procedure for the settlement of a dispute involving a judge, ie in separate articles, sections of the codes, etc. Otherwise, this issue will not be settled systematically and in full, and therefore will not comply with the principle of the rule of law and its element - the principle of legal certainty, provided for in Article 8 of the Constitution of Ukraine.