Theoretical And Methodological Fundamentals Of Administrative And Legal Regulation Of Mediation

Abstract

The article is devoted to the study of theoretical and methodological foundations of mediation, which determine the content of its administrative and legal regulation. Scientific views on the essence of the mediation procedure from the point of view of organizational, communication, psychological approaches are considered, the conceptual apparatus of mediation is generalized. Thus, mediation should be considered as an alternative way to resolve the dispute, where the conflicting parties on the basis of voluntary expression use the help of a neutral, impartial and independent third party - a mediator who directs the parties to jointly resolve the dispute by using his special knowledge, skills and experience in the process. The understanding of mediation by domestic scholars in administrative law is analyzed. Obstacles to the absolute use of mediation to resolve public law disputes in Ukraine have been identified. The challenges facing the introduction of a peaceful settlement of administrative disputes with the participation of a mediator are the special attitude of Ukrainians to the subjects of power; corruption risks; disinterest of public authorities in changes in their activities; issues of initiative and voluntariness of the procedure; debatability of mediation of certain categories of disputes; lack of legal regulation of mediation. A generalized list of characteristic features of the mediation procedure is offered. The main functions and special principles of mediation in the administrative process are determined, which in the future may form the basis of its administrative and legal regulation. Further research on the issues of the scientific article should be aimed at studying the content of administrative and legal regulation of mediation and regulatory and theoretical foundations for determining the directions of building effective administrative and legal regulation of mediation in Ukraine.