CURRENT STATE AND TRENDS IN THE DEVELOPMENT OF MEDIATION IN EU COUNTRIES

Abstract

The article analyzes the formation and development of the institution of mediation in EU countries. The reasons for the successful use of mediation technologies in the field of pre-trial settlement of disputes are identified, as well as the general prerequisites that determine the success of the use of mediation in the EU as an example for the Ukrainian legal field. Actuality of theme. The formation of democracy in the single European socio-economic and public-political space has contributed to the development of many civil society institutions, as well as a number of procedures aimed at improving the mechanism for resolving possible conflict situations. The so-called “conciliation procedures” include quite diverse in meaning, style and method of conflict resolution mechanisms, common to which is the presence of a certain disinterested mediator. The mediation procedure is especially relevant. In the European Union, the mediation procedure is given sufficient attention, which is clearly confirmed by the number of regulations governing its implementation and even the presence of the Code of Conduct for Mediators. The latter reduces mediation in the EU to the rank of an integral element of the modern process of conflict resolution, focused on the educational and restorative functions of justice. Analysis of recent research and publications. The phenomenon of active development and formation of the mediation procedure in the EU countries has repeatedly attracted the attention of both Ukrainian and foreign scientists, namely: M. Dyakovych, S. Zapara, G. Goncharova, N. Bondarenko-Zelinska, V. Komarov, D. Kusherets, S. Kuzmenko, N. Mazaraki, Y. Prytyky, N. Thurman, V. Reznikova, T. Tsuvina; H. Besemera, E. Borisova, M.-L. Guy (Marie-Lawrence No), S. Zagainov, S. Kalashnikova, S. Kulak, V. Lisitsyn, J. Mirimanoff (Jean A. Mirimanoff), I. Panov, E. Runesson (Eric M. Runesson), Ts. Shamlikashvili, V. Yarkov and others. Despite the obvious relevance, in domestic legal science, this issue is not comprehensively addressed.