MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD: THEORETICAL FOUNDATIONS AND DEVELOPMENT PROSPECTS IN UKRAINE

Abstract

Introduction. The modern development of Ukraine's legal system is characterized by the search for effective mechanisms for ensuring access to justice that complement traditional judicial proceedings with more flexible and constructive methods of dispute resolution. The growing number of legal disputes, the excessive workload of courts, the need to reduce the time required for dispute resolution, and the importance of preserving business and social relationships between the parties have significantly increased interest in alternative dispute resolution mechanisms. Mediation has become one of the most effective instruments in this area, as it is based on the principles of voluntariness, confidentiality, neutrality, impartiality of the mediator, and the parties' autonomy in reaching a mutually acceptable agreement. In the context of Ukraine's European integration and ongoing judicial reform, the study of the legal nature of mediation, its practical implementation, and prospects for further development has become particularly relevant.

Purpose. The purpose of the study is to examine the essence of mediation as an alternative dispute resolution method, identify its theoretical foundations, fundamental principles and advantages over judicial proceedings, analyze the current state of mediation in Ukraine, determine the key barriers to its practical implementation, and substantiate the prospects for the further development of the mediation institution.

Materials and methods. The research is based on the provisions of the Law of Ukraine On Mediation, other regulatory legal acts governing mediation procedures, scientific publications of Ukrainian scholars devoted to alternative dispute resolution, and information provided by professional mediation organizations. The study applies general scientific and special legal research methods, including analysis and synthesis, theoretical generalization, system analysis, comparative legal analysis, the formal legal method, and logical generalization for drawing scientific conclusions.

Results. The article reveals the legal nature of mediation as an alternative dispute resolution method and identifies its principal characteristics, fundamental principles, and legislative framework in Ukraine. The advantages and disadvantages of mediation compared with judicial proceedings are analyzed, while particular attention is paid to the legal status of mediators, ethical requirements, and the role of professional mediation organizations in promoting mediation practice. The study systematizes the main social, institutional, professional, cultural, and organizational barriers hindering the wider implementation of mediation in Ukraine. It also substantiates the priority directions for the further development of mediation, including the improvement of legislative regulation, broader integration into judicial practice, enhancement of professional training for mediators, and promotion of a culture of peaceful conflict resolution. The findings demonstrate that mediation possesses significant potential to improve access to justice, reduce the workload of courts, and strengthen legal protection through consensual dispute settlement.

Discussion. Further scientific research should focus on improving mechanisms for integrating mediation into judicial proceedings, developing court-connected mediation, establishing unified professional standards for mediator training and certification, studying international best practices, and designing effective approaches to increasing public awareness of alternative dispute resolution methods. These measures will contribute to strengthening the institutional capacity of mediation, enhancing the efficiency of the justice system, and fostering a legal culture based on dialogue, cooperation, and voluntary conflict resolution.