GENERAL THEORETICAL CHARACTERISTICS OF NOTARY’S ACTIVITIES IN THE FIELD OF MEDIATION

Abstract

The article is devoted to the study of notary activities in the field of mediation. The author analyzed the legal status, functions, and spheres of activity of a notary-mediator in the alternative dispute resolution system. The Law of Ukraine “On Notary” and the Law of Ukraine “On Mediation” serve as the regulatory basis for combining notary and mediator functions. During mediation, the notary acts as a neutral intermediary rather than a state authorized official. The rights of a notary-mediator include the authority to independently determine the methodology of mediation, obtain information about disputes, request documents, and draft document projects. Obligations include maintaining neutrality, impartiality, and ensuring confidentiality. To acquire mediator status, a notary undergoes basic training of at least 90 hours, including no less than 45 hours of practical training. The functions of a notary-mediator cover communicative, organizational, analytical, documentary, and legal protection areas. The mediatory activity of a notary applies to civil, family, inheritance, commercial, land, and housing legal relations. The main advantage of notarial mediation is the ability to provide legal confirmation of agreements reached through notarial certification. The participation of a notary as a mediator has advantages through comprehensive legal competence, experience in formalizing legal transactions, and guarantees of protecting the rights of all parties. The inter-branch nature of mediation agreements emphasizes the unique role of notaries in ensuring their complexity. Notarial mediation provides comprehensive legal assistance to citizens and helps reduce the burden on the judicial system. The development of notarial mediation requires improving interaction between the notary system and the judicial system. The author proposed mechanisms for integrating conciliation procedures into traditional ways of protecting citizens' rights. The research is supported by international practice of mediation effectiveness in legal systems of different countries. Special attention is paid to the documentation of mediation results. The legal force of a notarially certified mediation agreement approaches that of a court decision. The author examined practical examples of notarial mediation application in resolving conflicts across various branches of law. The combination of facilitation technologies with legal formalization of agreements creates unique advantages for notarial mediation.