MEDIATION IN THE SYSTEM OF PROVIDING SOCIAL SERVICES

Abstract

The article is devoted to consideration of the basics of state-legal regulation of mediation. The purpose of the paper is to review and streamline the established criteria in the doctrine of civil law trends and approaches to defining the notion of protection of civil rights and protected by law interests, coverage of their heterogeneous and general nature to develop a holistic notion of ways to understand the concept and its classification, as well as the presentation of their own a vision of an optimal methodological basis for defining the notion of protecting civil rights and interests protected by law. Considered the model of mediation, as well asapproaches to the construction of the structure of mediation and mediation processes. The methodological bases of regulation of mediation and their realization in the present are analyzed. Areas of application of mediation are defined. Simulated mediation model. It has been established that the situation is well-known at the present time and it is proved that mediation is a process of joint settlement and conflict resolution. Its main components are some trends in the implementation of mediation in the world, the corresponding laws and related principles. The introduction of mediation in accordance with the requirements arising from the developed laws and principles, entirely depends on the conflicting parties. It is substantiated that tendencies of mediation agreement development are determined by the development and functioning of state regulation and social processes in society. But the main factor that influences the introduction of mediation is the state-legal system, which reflects all the facts that occur in the state and beyond. It is determined that mediation is the driving force behind dispute resolution. An optimal methodological basis for defining the notion of protecting civil rights and interests protected by law will be its integrative legal model, based on the protection of civil rights and law-protected interests as a state legal institution that should exist on the verge of procedural law, contain rules of private and public law , and accordingly, take into account the material and procedural aspects of the protection of civil rights and protected by the law interests and cover the material, procedural and procedural aspects of his elements, as well as combine static and dynamic protection states. Therefore, the state-legal system needs to be developed and successfully applied to achieve the peaceful regulation of disputes.