The dissertation is devoted to the peculiarities of the conciliation procedure, which provides the parties with the preservation of partnership relations, the opportunity to carry out further joint activities in various spheres: family, labor, medical, economic, corporate, financial, industrial, tourist, construction, etc.
The legal nature of mediation is studied, an analysis of the pluralism of approaches of scientists to the definition of the concept of "mediation" is conducted, the author's definition of this concept is developed, the genesis of the legal regulation of the institution of mediation is clarified.
The definition of the concept of "mediation" given by various scientists is analyzed, on the basis of which their own definition is proposed. It is proposed to understand mediation as one of the types of alternative methods of resolving disputes between the parties, which is based on the principles of voluntariness, confidentiality, selfdetermination and equality of rights of the parties, in which, through the mediation of a neutral, independent, impartial mediator who organizes the negotiation process, but does not make decisions instead of the parties, they find consensus. The main features of mediation are highlighted.
The legal nature of mediation was investigated and it was concluded that it is dichotomous: public and private law.
It was concluded that the publiclaw nature of mediation consists in ensuring by the state guarantees the effectiveness of the mechanism for restoring the rights of an individual in the event that he chooses this type of alternative method of resolving the dispute (in particular, the possibility of compulsory execution of the agreement concluded as a result of mediation).
The privatelaw nature of mediation relations is that they are based on the principles of voluntariness, selfdetermination and equality of rights of the parties.
It is argued that in terms of its place in the legal system, mediation, like other alternative methods of resolving disputes, is a complex interdisciplinary institutionmechanism for the protection of rights.
Based on the analysis of the historical development of the institution of mediation in different cultures and legal systems, its own periodization of such development was proposed, the following main stages were identified: 1) the emergence and formation of mediation (before the 20th century); 2) the formation of modern legal regulation of mediation (20th century); 3) institutionalization of mediation (XXI century). In Ukraine, the Law of Ukraine “On Mediation” was adopted in 2021.
The content of the mediation mechanism as a structured process is disclosed, and the subsection identifies the functions of mediation and provides their content.
The functions of mediation are defined as follows: 1) nonjudicial settlement of disputes; 2) subsidiarity to the judicial or other jurisdictional process; 3) Increasing the level of enforceability of court decisions and decisions of other jurisdictional bodies; 4) preventing the recurrence of disputes; 5) reducing the burden on the judicial system; 6) improving access to justice; 7) increasing the level of legal culture; 8) promoting confidentiality; 9) promoting good relations between the parties.
The features of the mediation procedure during enforcement proceedings are revealed, the condition for increasing the level of enforceability of the agreement concluded as a result of mediation is revealed, and means of increasing the efficiency of the implementation of mediation procedures at the final stage of the legal process are proposed.
Based on examples from my own practice of conducting mediation in enforcement proceedings, the potential and advantages of using the mediation procedure during the forced execution of decisions are outlined, and the most effective mediation techniques used in the practice of conducting mediation in enforcement proceedings are also presented (active listening; paraphrasing; reflection; questions; formulating proposals; caucus; neutral assessment; brainstorming; roleplaying; interests, not positions; finding common values; positive communication; guided discussion; use of resources; gradual settlement; completion of mediation; alternatives (BATNA (Best Alternative To a Negotiated Agreement the best option that a party can take if it cannot reach an agreement during negotiations. In other words, this is plan B in case of failure of negotiations) and WATNA (Worst Alternative To a Negotiated Agreement the worst option that a party can take if it cannot reach an agreement during negotiations.
