Mediation in Ukraine: historical and legal background and perspectives

In the article, the author reveals the historical prerequisites for the birth and development of the mediation institute on the territory of modern Ukraine. Attention is focused on the prospects for the further development of mediation, the expansion of the practice of its application in Ukraine. It was noted that the law, as a result of the evolution of society and the most effective social regulator tested by thousands of years of experience, is designed to prevent the emergence of acute conflicts in society and to balance the interests of the main segments of the population regarding the use, protection and protection of material goods and intangible values. The dialectics of legal regulation proves that society has historically tried to develop and implement mechanisms to prevent and overcome legal conflicts, realizing that legal conflicts are potentially dangerous for the entire society and for each person. It has been established that the institution of mediation is not new in the system of combating legal conflicts, it was born in the European states of the ancient era and retains its relevance even today. Therefore, it is quite logical to start the scientific study of mediation, its theoretical-legal and practical aspects with the analysis of the historical-legal prerequisites of its emergence in Ukraine and further prospects for its development. The author concluded that the prerequisite for the development of the institution of mediation in all developed legal systems is the awareness of the majority of the international community (states and international organizations) and active consumers of mediation services – participants in international private legal relations - of the effectiveness, convenience and perspective of settling their legal disputes not through numerous courts , and through the mediation of a jointly chosen independent entity – a mediator. The clearest proof of Ukrainian society’s readiness for mediation was the adoption at the national level of a special legislative act «On Mediation», which defines the legal basis and procedure for conducting mediation as an extrajudicial procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his training and other issues, related to this procedure.