The Characteristics of the General Principles of the Mediation Process and Rendering Services in the Field of Mediation
Abstract
The purpose of the article is based on the analysis of scientific views of scientists and the norms of the current legislation of Ukraine, to give a general description of the principles of the mediation process and the provision of mediation services. It has been determined that the rule of law principle has a close connection with other general principles that are directly expressed in the process of mediation and mediation services. In this case, first of all, we are talking about such principles as: legality, equality, ensuring the judicial protection of the rights, freedoms and interests of the person from unlawful encroachments. It is stressed that the importance of the principles of the mediation process and the provision of services in the field of mediation can not be overemphasized, because their proper formulation and further legislative consolidation are a decisive step towards the formation of this legal institution in our country. It is substantiated that the principles of the legality and supremacy of the law of the process of mediation and the provision of services in the field of mediation mean that the subjects of these relations must act in accordance with the legislative requirements, which are fixed at the level of the corresponding legal act, taking into account its legal force, are one of the fundamental principles of the functioning of any legal institution, and therefore, without a doubt, should find its legislative consolidation in the provisions of the Law of Ukraine «On Mediation». It is concluded that the essence of the process of mediation and the provision of services in the field of mediation is to define as a set of guiding principles that are enshrined in the regulatory legal field, in accordance with which the procedural relations between the parties of the legal conflict arise and develop their development, and the mediator in resolving it in order to resolve it. on a voluntary and mutually beneficial basis.
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