Tokarieva K. Administrative and legal regulation of mediation: current status and development trends

The dissertation is devoted to the theoretical generalization and new solution of the scientific problem, which consists in revealing the essence, content of administrative and legal regulation of mediation, implementation of complex theoretical and legal characteristics of its current state and development trends. It is established that mediation is a poly-systemic phenomenon and is considered by scientists in its various aspects – cultural, historical, philosophical, psychological, socio-psychological, conflict, communication, political science and law. The main features of mediation as an alternative dispute resolution procedure have been clarified. The social and legal content of mediation and its essence in the administrative and legal dimension of scientific analysis are studied. There are three stages of the introduction of mediation in Ukraine: the emergence and development of conciliation and mediation (up to the XIX century); emergence and development of mediation as a social institution (XX– XXI centuries); legal consolidation of mediation (XXI century), which continues to this day. The content of the concept of «mediation model» is considered, which is proposed to be understood as an abstract theoretical and legal construction of world practice is dominated by three main models of mediation, which are divided according to the degree of integration into the judicial system: extrajudicial (autonomous, private), judicial and judicial mediation. The concept of principles of administrative and legal regulation is developed, which reveals their meaning as based on the principles of administrative law fundamental legal principles enshrined in law or those that follow from it and determine the content and essence of a particular administrative and legal institution. General and special principles of administrative and legal regulation have been established. The general and direct objects of administrative and legal regulation of mediation are singled out. The general object is defined as administrative-legal relations in the field of mediation, the direct object is the behaviour of mediation participants related to the presence of a conflict (dispute) in public-law relations, one of the parties of which is an entity endowed with power. The subjects of administrative and legal regulation of mediation and perspective directions of their activity are determined. Taking into account foreign experience, the need to expand the powers of the Ministry of Justice of Ukraine in the field of mediation was emphasized. Particular attention is paid to identifying areas for building effective administrative and legal regulation of mediation in Ukraine. It was found that the ethical standards of activity of social mediation service providers are minimal and cannot comprehensively cover the professional conduct of mediators in Ukraine. Proposals for the formation of a mediator’s code of ethics have been developed. The effectiveness of mediation in measuring proper administrative and legal regulation is considered. It is determined that the main indicator of the effectiveness of mediation is the modernization of the legal system and its compliance with European standards, which will significantly bring Ukraine closer to membership in the European Union.