MEDIATION IN PROPERTY RELATIONS: ISSUES OF REGULATION AND APPLICATION

Abstract

The article is devoted to issues related to existing alternative ways of resolving private law disputes. The authors analyze the effectiveness of the mediation procedure, the meaning and essence of this procedure, as well as the role of the mediator in reaching a mutually beneficial solution for the parties to the dispute. The experience of developed countries in this field was analyzed and the realities and prerequisites for the introduction of mediation in property relations in Ukraine were determined. The development of world trends, which declares the rights and freedoms of a person, his honor and dignity, inviolability and security as the highest social values, requires the creation of effective mechanisms for the protection of the public interests of a person and citizen, an open legal system and the proper functioning of all state authorities. Effective mechanisms for the protection of public interests of man and citizen require an open legal system and the proper functioning of all branches of government. One of the fundamental ways to create a strong legal state and an independent civil society is to establish the processes of prevention and resolution of various conflicts that arise in society over certain material goods or as a result of a conflict of interests. Protection of rights and legal interests can be carried out in various ways, which a person has the right to freely choose. The right of everyone to protection against violations and illegal encroachments on their rights and freedoms by any means not prohibited by law is guaranteed by the Constitution of Ukraine, which is the Basic Law of the state. However, in modern conditions of social development, a necessary condition for the creation of an effective system for the protection of violated, unrecognized or disputed rights, freedoms or interests of citizens and legal entities is the out-of-court settlement of private law disputes, as well as the primary right of every person and citizen to judicial protection, the creation and development of appropriate legal mechanisms regulating the activities of dispute settlement bodies.