Borodin Y. Mediation Mechanism in the Public Administration System

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U004555

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

01-10-2019

Specialized Academic Board

Д 17.127.03

Classic Private University

Essay

Thesis for the Degree of Candidate of Sciences in Public Administration, specialty 25.00.02 – Public Administration Mechanisms. – Classic Private University, Zaporizhzhia, 2019. The conceptual bases of incorporation of the mediation mechanism integrated into the system of public administration in Ukraine are substantiated in the paper. The fundamental difference of the structure of such a mechanism balanced by specific methods, tools and appropriate management decisions, is the distinction of levels: metasystemic, whereat interstate relations are built, institutional, where mediation is interpreted as form of institutional compromise, which provides institutional stability of the public administration system, sectorial, where, as a matter of fact, the mediation procedure in the relevant fields of public life, such as family, judicial, economic, labour relations is implemented in the process of unification of local communities, interpersonal, where social and interpersonal conflict are resolved through mediation interaction and the foundations of social consensus are laid. It is substantiated that changing the paradigm of interaction between the State and society in Ukraine, desire to overcome social tension have actualized the public demand for extension of the mediation procedure in certain spheres of public life in order to resolve conflicts and protect subjective rights violated. Attempts to pass the Mediation Act have been lasting for 10 years. Despite the lack of legal regulation, mediation activity is widespread in the field of tax relations, in court practice, during settlement of family relations. According to statistics, only about 20% of the decisions made as result of mediation are not implemented. Implementation of the principles of voluntariness and confidentiality of subjects of mediation ensures its efficiency. The analysis of the scientific discourse on mediation problems and numerous applied researches testifies to the existence of conceptual and technological segments of research of this process. It has been substantiated that mediation in the public administration system is a technology of reaching an agreement that receives institutional registration and consolidation, the effectiveness of which is guaranteed not only by the good will and consent of participants in the negotiations, but also by the regulatory resources of society and the State. It has been substantiated that the functions of the integrated mediation institute are to minimize transaction costs and neutralize the sharp rise in uncertainty. Multilateral negotiations ensure social balance. Medication does not only create the conditions for negotiations, but it also gives transparency to public administration. Key words: mediation, mediation interaction, consensus, public administration, public administration mechanisms

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