The System of Mediation Principles: Experience of Ukraine and Germany

The article is devoted to the analysis of the system of principles of mediation on the basis of the analysis of the experience of Ukraine and Germany. For Ukraine, mediation is a relatively new phenomenon, as this alternative method of resolving disputes, at the level of Ukrainian legislation, has not yet been comprehensively regulated. At the same time, the further introduction of mediation in practice presupposes an in-depth understanding of its ideological basis, which is reflected, first of all, in the principles of mediation. To better understand the content and system of such principles, we propose to refer to the positive experience of Germany. The research used comparative legal, structural-functional and systematic research methods. Their use allowed us to analyze the system of mediation methods as a holistic system that has strong links between its elements. As a result of the study, it was stated that the ideological basis of mediation is a system of its principles. Their simultaneous observance by the participants in the mediation process is a guarantee of the effectiveness of this alternative way of resolving disputes. A comprehensive understanding of the essence of these principles is possible not only through acquaintance with the content of the draft Law on Mediation. This, in our opinion, requires an analysis of the positive experience of foreign countries, where mediation is actively used in practice. The system of principles of mediation includes: the principle of voluntary mediation; the principle of neutrality of the mediator; the principle of personal responsibility; the principle of confidentiality; the principle of awareness and the principle of “unplanned” result of mediation. Some of these principles are enshrined in the draft Law on Mediation. Not all principles of mediation should be enshrined in law. However, all the principles of mediation must be implemented each time this alternative dispute resolution method is used. We would like to emphasize the need for the principle of awareness and the principle of "unplanned" outcome of mediation. They have the same practical significance as other principles of mediation, which have been implemented at the level of the draft Law on Mediation