Organizational and legal aspects of the application of mediation in arbitration courts of Ukraine
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 4, Issue
Abstract
Theoretical-methodological and organizational-legal aspects of mediation of procedures in arbitration courts of Ukraine as well as gaps of legislative regulation of the named in statute are researched. In the context of the above mentioned proposals concerning the improvement of the current legislation, which partially regulates the mediation procedure in resolving disputes in an arbitration court. The main cons training factors fort he development of alternative ways of resolving disputes in Ukraine, is the mentality of Ukrainian, society imperfection of the legislation, passivity of judges, low level of legal culture, weak coverage of this topic in the media lacking extensive explanatory work on the benefits of alternative dispute, resolution lack of higher education institutions relevant special courses and training programs of mediator training in the field of law. It is stated that, the task of the arbitral tribunal is not finding a compromise solution, which will be agreed upon by both sides of the dispute and its solution in accordance with the legal norms and practices of business etiquette as well as interpretation of the contract concluded by the parties. Among other things, it is proposed to conduct mediation on the initiative of an arbitrator if the parties wish to maintain the partnership in the future in the absence of the winner and the defeated, and when the essence of the dispute is clearly not clear which of the parties is really convincing and argued. The specifics of the subject of a civil – law dispute of ten require the involvement of a specialist with a simultaneous combination of psychology cal and legal know ledge, that is fully consistent with such a specific area of know led gee as legal psychology and legal conflictology. Since, even with the existing specialization of arbitration judges, their level of knowledge in the field of psychological knowledge is all that remains insufficient, and the re fore, referring to the mediation of the parties to the dispute, should choose an independent mediator among persons with special knowledge precisely in the plane of legal psychology or legal conflict and understanding the specifics of the subject of the dispute will help to identify the true aspiration and interests of the parties in order to reconcile them.
Authors and Affiliations
Ihor Volodymyrovych Ozerskyi
Keywords
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