Iosypenko S. Mediation as a way of resolving disputes in private legal relations.

Nowadays, the system of protection of civil rights and interests is being formed due to both jurisdictional dispute resolution, and the created opportunity to exercise the right to appeal to alternative (out-of-court) methods of private-law disputes settlement, in particular mediation. Nowadays the question of determining the possibilities and ways of implementing mediation into the national system of person`s civil rights and interests protection becomes more relevant. Overloading of the judicial system by different categories of cases leads to the fact that courts "need more time" for considering cases properly and passing an impartial and substantiate verdicts. Moreover, unlike litigation, which is clearly regulated, formalized, and focused substantially on the legal actions and the subject of suit, the use of mediation allows a more flexible approach to the resolution of the dispute, takes into account all aspects of the contentious situation, and also prevents the occurrence of a relevant dispute in the future. The grounds of mediation came into Ukraine. However, the problem of practical application of mediation is the absence of a relevant Law of Ukraine "On Mediation", the adoption of which would resolve disputes and controversies in the scientific doctrine and jurisprudence concerning the application of mediation. The thesis provides the systematic scientific analysis of the possibility to use mediation in the private-legal disputes adjustment. It determines effectiveness of legal regulation of this method in private-legal dispute settlement, as well as offers suggestions and recommendations for the further improvement and development of applying the legislation on mediation. The dissertation researches issues of theoretical and legal backgrounds of mediation being formed as an independent way of resolving disputes in private legislation relations. Namely, historical backgrounds of establishing and developing of the institute of mediation , the concept and a legal nature of mediation, types and models of mediation. The paper determines participants and the principles of mediation and rationalize the procedure for its application. The research examines special aspects of mediation application as independent way to regulate certain issues of private legal disputes such as family relations, corporate disputes and intellectual property disputes. The author provides the genuine definition of “mediation agreement”. A mediation agreement is a written agreement concluded by the parties of a dispute according to the results of mediation in the event of a dispute settlement in accordance with Law of Ukraine «On Mediation». Mediation agreement should be regarded as a civil-law agreement according to legal nature. By outlining the relevant legal features, it was improved the definition of the mediation concept in dissertation research. In particular mediation - is an independent, unformalized, voluntary, extrajudicial way of settling a dispute by negotiating with the participation of neutral one or more mediators in order to reach by parties a mutually agreed dispute solution.