Mediation as an alternative way of resolving family disputes

Abstract

In this article, the authors analyzed the content of family mediation and its role in resolving family conflicts. The principles of mediation are analyzed.

Based on the legislation regulating legal relations in the researched area, the expediency of using the mediation procedure in resolving family disputes has been established, and the circumstances under which such a procedure is not advisable have been identified. These include: alcohol or drug addiction of one of the parties; disability of one or both parties; non-acceptance of mediation principles by the parties; cases when one of the parties is forced to resolve the dispute in this way; domestic violence against one of the parties; pressure and threats during the mediation procedure.

The practice of considering family disputes in court is analyzed, its advantages and disadvantages are determined. A comparative analysis was conducted with consideration of family disputes with the help of the mediation institute. The stages of mediation were analyzed and their features were determined.

In the work, considerable attention is devoted not only to the legal, but also to the psychological aspects of this procedure. The issue of the mediator's work with children was studied based on the analysis of the practical experience of mediators and Art. 10 of the Law of Ukraine "On Mediation", which establishes general provisions on training and retraining of mediators. Requirements for such a person are defined: higher legal education; the future mediator must undergo appropriate basic training in Ukraine or abroad, which includes at least 45 hours of practical training; knowledge of the basics of psychology.

A separate aspect of this study is the comparison of family mediation with procedural procedures such as adjudicated dispute resolution and settlement agreement.

Acts of the Supreme Court related to reconciliation of parties in civil proceedings are analyzed in the work. An analysis of real cases that were resolved with the help of family mediation was carried out. Proposals were developed to improve the legislation in the researched area, in particular, it was proposed to enshrine in the Civil Procedure Code of Ukraine a mandatory preliminary procedure for pre-trial settlement of disputes (mediation) during the resolution of family disputes and to establish rules for the behavior of the mediator when he discovers during the mediation procedure domestic violence and other significant violations of the rights and interests of individuals.