GENESIS AND DEVELOPMENT OF THE MEDIATION INSTITUTE IN UKRAINE AND THE WORLD

The main purpose of a dispute between the parties has always been to resolve it as quickly as possible and at the lowest cost to the parties. At present, the state judicial system does not provide for a time limit for the full settlement of the case on the merits (only the terms of the court hearing are set) and the whole system of appeals leads to the fact that the court decision on the subject of the dispute can take effect only in a few years. An effective alternative to the state court system is ADR. The process of mediation development in Ukraine is complex and multifaceted. Such a procedure is still not perceived as a common way of resolving disputes in society, and citizens usually do not have information about the essence of mediation, its basic principles and preferences over litigation. Therefore, this article explores the issue of mediation, its role in dispute resolution, the principles, requirements that apply to the profession of mediator in Ukraine and beyond, the types and models of alternative dispute resolution that have been the subject of research by various scholars, and whether it needs to be fixed at the legislative level. It also compares mediation and the judicial procedure for the settlement of civil disputes, and states that it becomes an independent phenomenon of legal validity. The authors conclude that the legislative consolidation of the Mediation Institute will provide a quick and cost-effective out-of-court settlement of disputes, as well as provide an opportunity to improve and simplify access to justice. In particular, mediation in resolving civil disputes will help to unload the judicial system, since fewer cases will go to court, which will increase the efficiency of court proceedings, since mediation is characterized by the adoption of non-standard and flexible decisions, which is the only option if agreed. The parties form the basis of the mediation agreement.