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The mediation as an alternative way to resolve administrative disputes: foreign and domestic experience

Journal: Bulletin of Postgraduate education: collection of scientific papers. Series "Social and Behavioral Sciences; Management and Administration" (psychological, economy, public administration). Category «B» (Vol.14, No. 43)

Publication Date:

Authors : ;

Page : 183-199

Keywords : mediation; administrative proceedings; foreign experience; dispute resolution with the participation of a judge; administrative dispute.;

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Abstract

The article is devoted to defining the current state of organization and functioning of the institution of mediation as an alternative way of resolving administrative disputes and prospects for further improvement of this institution in Ukraine. An analysis of doctrinal scientific approaches to defining the concept of mediation. Based on the analysis, the author's definition of the concept of mediation in the administrative process, in particular, as an alternative way of resolving the relevant category of cases with the participation of a mediator. The author substantiates that the institution of settlement of administrative disputes with the participation of a judge, which was introduced in Ukraine together with the judicial reform on December 15, 2017, has much in common with the institution of mediation. Based on a comparative analysis of the institutions of dispute resolution with the participation of a judge and mediation, it was concluded that, despite certain common features, the content is different ways of alternative dispute resolution. Peculiarities of mediation in resolving administrative disputes are revealed and attention is focused on the need to take into account such peculiarities during the introduction of the institution of mediation in Ukraine and its legal regulation. The main problems and challenges that arise in the introduction of the institution of mediation as an alternative way to resolve administrative disputes in our country are outlined. Based on a study of foreign experience in the organization and functioning of the institution of mediation, in particular, in the administrative process, the author developed recommendations on the possibilities of applying such experience for the introduction and development of this institution in Ukraine. The necessity of special training of mediators, creation of effective incentives for the participants of the dispute, which would encourage them to a peaceful out-of-court settlement of the conflict, is substantiated. The necessity of adopting a special Law on Mediation in Ukraine is argued. The main provisions of the draft of this Law, which is currently being considered by the Verkhovna Rada of Ukraine, are characterized and positively assessed, and possible ways to improve it are identified.

Last modified: 2021-01-11 19:45:11