Registration Number
2121U000437, Article
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Стаття
Title
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Чеховська Ірина Василівна
Божук І.І.
Chekhovska Iryna Vasylivna
Bozhuk I.І.
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01-01-2021
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Державний податковий університет
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https://ir.dpu.edu.ua/handle/123456789/634
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Видавничий дім «Гельветика»
Description
The article is devoted to the research of the legal institute of mediation. The content of the concept of "mediation" is analyzed and its features are singled out. The formulated author's definition of mediation is an unconventional (alternative) way of resolving a dispute, characterized by the participation of the parties to the conflict and a third party -the mediator, in order to compromise, quickly and effectively resolve the conflict. The stages of international development of the institute of mediation are determined. The concept of family mediation as an independent way of resolving family disputes is studied. The
analysis of the practice of family mediation in foreign countries is carried out. The effectiveness of the mediation procedure is proved; the emphasis is on the authority of the mediator in making mutually beneficial decisions for the conflicting parties. The main national and international regulations that form the basis of regulation of this process are highlighted. It is established that Directive 2008/52 / EC on certain aspects of mediation in civil and commercial matters, which defined mediation as a structured process by which two or more parties to a dispute on a voluntary basis under with the help of a mediator they try to reach an agreement on resolving their dispute. The most common issues in divorce are parental and child rearing, parenting, child support, property sharing and debt sharing, and disputes between family members over financial support and assistance. The advantages of mediation are highlighted. Judicial practice in resolving family disputes was analyzed and it was found that citizens continue to go to court, thus overloading the already imperfect judicial system, creating financial costs and waiting for a decision on the case for a long time.
The draft Law of Ukraine "On Mediation" is analyzed. Proposals for the development of this institute in Ukraine have been developed.
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2024-04-05
