Mazaraki N. Theoretical and legal outlines for implementation of mediation in Ukraine

Current doctoral thesis is devoted to the research and development of a scientifically substantiated comprehensive theoretical and legal model of legal mediation provision in Ukraine as an important element of the implementation of the rule of law principle, the definition of the directions of improving the current legislation on the access to justice through the introduction of mediation as a special form of compromise applicable to disputes. Modern approaches to understanding the essence and content of the rule of law principle are researched. The analysis of the components of this principle has allowed to justify that the rule of law can be considered in the context of ensuring the human right of access to justice. In turn, the category of justice was seen as a universal value, based on the concept of natural law. The study of the genesis and changes in the ideas of humanity about justice, as well as the science-based approaches to understanding of the category of justice, namely the content and formal ones, provided the theoretical and legal basis for the study of the concept of "the right to a fair trial" and its relation with the concept of "access to justice" and the notion of "the right to a fair decision". The thesis substantiates that understanding the concept of "the right to a fair trial" through the prism of the purpose of justice, namely the achievement of a fair decision in the case, allows for the inclusion of extra-judicial and pre-trial forms of settlement of disputes to a broad understanding of the concept of "justice". It has been determined that in a modern law state, disputes must be resolved, in the first place, in accordance with the fundamental principles of law and in a manner that best suits the needs of the parties to the dispute. In exercising the right to a fair trial, a person resumes violated rights and freedoms, while the state must ensure not only an effective system of justice, but also a properly secured, accessible and wide range of methods for resolving legal disputes. The author's view on the modern paradigm of mediation development in Ukraine has been offered. The concept formulates the following main goals, objectives and directions: - ensuring access of individuals and legal entities to mediation services as an alternative to litigation; - creation of trust in mediation and awareness of the society in the peculiarities of mediation disputes; - encouraging the parties to the dispute to apply mediation as an alternative to litigation. It has been substantiated that mediation as a specialized sphere of labor activity that necessitates the formation and establishment of a mediator profession. In order to establish the understanding of the mediator's profession as a professionally independent profession aimed at establishing the rule of law and protecting human rights and freedoms, taking into account international legal documents, international and foreign standards for the training of professional mediators, the principles of the organization of professional mediation training in Ukraine have been developed. The need for the development and implementation of internal and external quality assurance systems for the professional training of mediators has been argued. The ways of formation of state regulation and self-regulation in the field of mediation activity have been determined.