ГЕНЕЗА ІНСТИТУТУ МЕДІАЦІЇ В КРАЇНАХ АНГЛОСАКСОНСЬКОЇ ПРАВОВОЇ СИСТЕМИ: ІСТОРИКО-ПРАВОВЕ ДОСЛІДЖЕННЯ

Sereda, O. H. (2022). GENESIS OF THE INSTITUTE OF MEDIATION IN THE COUNTRIES OF THE ANGLO-SAXON LEGAL SYSTEM: A HISTORICAL AND LEGAL STUDY. Соціальне Право(3), 11–19. https://doi.org/10.32751/2617-5967-2022-03-02

The article provides a comprehensive historical and legal study of the formation and development of the institution of mediation in a number of states of the common law system. Different positions and approaches of scientists regarding mediation research and conducting mediation activities are analyzed. It is emphasized that for the successful domestic implementation of this institute, it is necessary to take into account these features and analyze the experienceaccumulated by other countries. Of special interest in this regard is the experience of the USA as the country that is the originator of mediation. Modern mediation in the United States is a structured process in which a specially invited person (the mediator) helps the parties to the conflict to try to voluntarily settle the dispute, which allows the parties to significantly reduce the financial burden of the dispute. Mediation is very popular in the USA and is used to resolve anyconflicts in the field of work. It should be noted that, having passed the effectiveness test within the framework of the US legal system, alternative methods of dispute resolution have begun to develop in other countries as well. On the basis of the conducted analysis, it is noted that by its nature, mediation in the territory of Canada is of a private nature and is initiated based on the free will of the parties. Dispute resolution agreements concluded as a result of mediation arerecognized by law and have the legal force of a court decision, and therefore the formalization of mediation is not a necessary condition for the effectiveness of this procedure. The legal regulation of mediation as an alternative method of dispute resolution, which has long been known in Great Britain, is studied. Despite the fact that mediation procedures are different throughout the country, today mediation is used in a fairly wide range of civil and commercial cases, and the vast majority of labor disputes are settled before going to court or during the trial. Based on the analysis of thecommon law states, it is noted that one of the means of protecting the labor rights of employees is a certain mechanism for out-of-court settlement of disputes, namely mediation, which is a modern, democratic and effective tool for resolving differences between subjects of labor law. Achieving mutually beneficial agreements by the employer and employees in a complex mediation procedure allows you to avoid additional costs for court proceedings and obtain the desired result as quicklyas possible.