REGARDING THE ISSUE OF IMPLEMENTATION OF MEDIATION IN THE PUBLIC SERVICE

Abstract

The article analyzes individual issues of the theoretical and legal basis of the application of mediation in the field of public service. It was determined that modern trends in the development of management dictate completely new approaches to issues related to the resolution of disputes and conflict situations. The modern scientific community is actively urging the world to use alternative methods to resolve disputes, in particular, in the public sector. One of these modern methods is the universal method – mediation, which is a relatively established concept, but quite effective, and at the same time, a phenomenon that has not been thoroughly studied. In addition, taking into account modern development and digitalization, the construction of civil society and the rule of law is impossible without establishing a constructive dialogue between the citizens of the country and managers who hold relevant public positions. It is established that mediation in the public service is professional mediation, besides, it can have a judicial manifestation. However, this is far from always the case, on the contrary, if we define a kind of «ideal public service mediation», then it is rather extrajudicial than judicial. The essence and key purpose of mediation is outlined, which, as a rule, manifests itself first of all in the resolution and settlement of the dispute, as well as the conclusion of an agreement between the parties between whom the dispute arose, and in such a way as to take into account the interests of each of the parties as much as possible. Another important task of mediation is to establish an effective dialogue, promote effective communication between the parties, create conditions for their cooperation in order to find a mutually beneficial solution to the issues that arise between them. In addition, unlike court proceedings, mediation is designed not only to provide a resolution of the dispute, but also to reconcile the parties to a potential conflict, to eliminate the causes of their differences. It has been found that mediation is traditionally considered as an alternative way of resolving disputed situations that have arisen and are currently developing between the parties. However, it is worth stating that over time the expansion of the scope and field of application of mediation led to the fact that mediation develops and is perceived not only as a way of settling disputes that have already arisen and are developing between the parties, but also as a certain established procedure aimed at preventing the occurrence of such conflict It was determined that depending on the purpose of the mediation procedure, two types of mediation can be distinguished: preventive mediation (dispute prevention mediation) and dispute settlement mediation. The tools of mediation interaction in the field of public service are detailed. The article specifies the specifics of mediation in the public service, indicating and taking into account cases when the settlement of a public legal dispute with the help of mediation is impossible and not expedient. The peculiarities of the practical implementation of mediation in foreign countries are considered separately. The article also considers the issue of provision.