THE CURRENT STATE OF JUDICIAL MEDIATION IN THE CIVIL PROCESS OF UKRAINE

Abstract

The article examines the prospects of using mediation as an independent means of resolving disputes in civil proceedings in Ukraine. It traces the history of mediation and the practice of its use abroad. The effectiveness of the mediation procedure, its meaning and essence, as well as the role of the mediator in reaching mutually beneficial solutions for the conflicting parties, were studied. Draft laws in the field of mediation are analyzed, their shortcomings are identified, and changes are proposed for improvement. The reasons for difficulties with the implementation of mediation and the prospects of its implementation in the civil process of Ukraine are discussed. The article examines the tasks of the mediation procedure (mediation) in a civil process, compares mediation and the judicial procedure for resolving civil legal disputes. The author concluded that the legislative fixation of the institution of mediation will contribute to the speed and economic efficiency of out-of-court dispute resolution, as well as facilitate access to justice. Special attention was paid to the relief of the judicial system, the approximation of the domestic judiciary to European standards and the reduction of state budget costs. In addition, the main principles of mediation in the civil process are defined. It was determined that judicial mediation, defined as a dispute resolution process, is marked by the active role of the judge. It is the judge who helps the parties to the conflict to find a mutually acceptable solution aimed at solving their contradictions. One of the key differences from the traditional judicial process is the active involvement of the parties in the decision-making process itself. The article also examines the prospects for the implementation of mediation for the resolution of civil disputes in Ukraine, identifies the problems hindering this process, and proposes concrete measures to solve them. An analysis of the gaps in modern civil procedural legislation and the consequences of using the mediation method of dispute settlement was carried out. The judicial practice in this context was studied.