EFFECTIVENESS OF MEDIATION IN RESOLVING LAND DISPUTES: LEGAL AND PRACTICAL ASPECTS

Abstract

The article examines the effectiveness of mediation as an alternative method of resolving land disputes in the context of modern development of land relations and judicial reform. The relevance of the study is determined by the growing number of land conflicts caused by the opening of the agricultural land market, increasing economic value of land resources, and the need to ensure effective protection of land rights. Traditional judicial procedures often require considerable time and financial resources, which encourages the search for alternative dispute resolution mechanisms. The purpose of the study is to analyze the legal nature of mediation, determine its advantages and limitations in the field of land relations, and assess its effectiveness as a tool for resolving land disputes. The methodological basis of the research includes formal legal, comparative legal, systemic, and prognostic methods, which made it possible to comprehensively examine the role of mediation in the protection of land rights. The study establishes that mediation is a voluntary, confidential, and structured procedure that enables parties to reach mutually acceptable solutions with the assistance of a neutral mediator. Particular attention is paid to the specific features of land disputes, including disputes concerning land boundaries, land lease agreements, servitudes, co-ownership, and neighboring land use. It is substantiated that mediation is especially effective in disputes where the preservation of long-term relationships between the parties is important. The main criteria for assessing the effectiveness of mediation are identified, including temporal, economic, communicative, and result-oriented indicators. The advantages of mediation include procedural flexibility, reduced conflict intensity, lower financial costs, shorter dispute resolution periods, and the possibility of taking into account both legal and non-material interests of the parties. At the same time, the study highlights certain limitations of mediation related to the voluntary participation of the parties, the absence of coercive enforcement mechanisms, and the limited applicability of mediation in disputes involving significant public interests. It is concluded that mediation has significant potential for further development in Ukraine and can become an important element of the system of protection of land rights. The implementation of mediation mechanisms in land relations contributes to improving access to justice, reducing the burden on courts, strengthening legal certainty, and promoting a culture of dialogue and cooperation in society.