MEDIATION IN CONDITIONS OF MARTIAL STATE

Abstract

The article examines the essence of alternative methods of dispute resolution in general, and mediation in particular, in the conditions of martial law in Ukraine. The concept and signs of mediation are revealed through the prism of international legal regulation and national legislation. Problematic issues that became an obstacle in the adoption of a special law on mediation are defined, as well as the circumstances that contributed to the popularization of mediation and the advantages of the mediation procedure are noted. The main normative legal act in the field of mediation is the Law of Ukraine «On Mediation» (2021), which defined the legal principles and procedure for conducting mediation as an extrajudicial procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his training, and other questions related to this procedure. The principles of the functioning of mediation are disclosed, in particular, such as voluntariness; dispositivity; confidentiality; independence and impartiality of the mediator; neutrality of the mediator's position; equality in the rights of the parties to the dispute. Subjects of appeals to mediation and requirements for a mediator candidate are defined. Based on the analysis of the national legislation on mediation, ways to improve the current legislation in this area are proposed.