ALTERNATIVE MEANS OF LEGAL PROTECTION OF HUMAN RIGHTS: MEDIATION

Abstract

The article applies a scientific and methodological approach to the analysis of mediation as an alternative means of protecting human rights. It was determined that in modern Ukraine, the introduction and development of mediation has its own legal and procedural advantages compared to other methods of rights protection, as it allows to avoid going to court. Objective. The purpose of the article is a comprehensive analysis of the practice of applying existing alternative methods of conflict resolution in the modern world; consideration of the essence of the mediation process, the conditions for its implementation, as well as advantages compared to court procedures for resolving disputes; studying the possibilities and prerequisites for the integration of the mediation institute into the legal system of Ukraine; determination of ways to improve the institution of mediation by making appropriate changes to national legislation. Methodology. In the proposed article, special attention is paid to the analysis of aspects of the practical application of existing alternative conflict resolution methods, the analysis of the essence of the mediation process. Scientific novelty. It has been proven that more and more specialists support the implementation and development of mediation as a way of resolving conflicts between parties without the intervention of state structures. This step will not only facilitate citizens' access to justice and reduce the burden on the courts, but will also help to reduce the duration of cases and the number of contested decisions, as well as reduce court costs and promote reconciliation between the parties. Conclusions. It is noted that the consolidation of the mediation procedure at the legislative level gives citizens in Ukraine the awareness that they have the right to use this procedure. Ukrainian identity in the context of European integration requires the harmonization of national legislation with the legislation of the European Union, including the improvement of the legal framework for mediation. The Law of Ukraine "On Mediation" recognizes the mediation profession as official, establishing requirements for the professional training of mediators. Most mediators in Ukraine have higher education and have undergone specialized training in theoretical and practical aspects of mediation. Mediation promotes effective dialogue, which is the basis for the development of the rule of law in modern society. It represents an alternative way of protecting human and citizen rights in Ukraine.