SETTLEMENT AGREEMENT AND MEDIATION: GENERAL FEATURES AND DIFFERENCES BETWEEN THEM
Journal Title: Право та інновації - Year 2013, Vol 3, Issue 4
Abstract
In the article the present state and perspectives of the introduction in Ukraine of the alternative methods of the labor disputes settlement have been investigated and analyzed. Investigating the essence of the problem the author agrees with the opinion of many scholars and emphasizes the need for searching of the alternative methods of the disputes regulation as the value of the cost of court fee, excessive length of proceedings term, reduce of the level of confidence in the court by the public proves ineffective and inexpediency of consideration of the disputes in the court. Analyzing the situation in Ukraine the right observation has been made by the author on the fact that the number of proceedings every year is not reduced, and the terms of their consideration is only increased. Among factors of such phenomenon the author considers the following: absence of the proper legal education of citizens as to their attitude to the compromises and imperfection of the current mechanism of the legal regulation. In the article the significant analysis of the concept of the mediation, that is, the activity of the professional mediator directing participants of the legal dispute to the compromise and to the regulation of the dispute by the participants themselves has been conducted by the author. The mediator is the obligatory participant of the dispute. The important fact is that the mediation is the popular form of the disputes regulation in the world. The positive results in this problem have been achieved in many countries of the world. To the advantages of the mediation at the proceedings the author considers: firstly, the speed, secondly- absence of the clear procedural framework that facilitates more free atmosphere and readiness of the parties of the conflict to cooperation, thirdly, a decision that reached by the way of consensus, as a rule, has been performed and, finally, – facilitates communication between parties. To the advantages it is necessary to include the fact that amicable agreement unlike meditative agreement checked and approved by the court that is not always guarantee of the dispute regulation. The author support the idea of the special law adoption that not only resolves the legal position and regulates the mediation procedure and will be the evidence that Ukraine recognizes the requirements of the European Union as to the implementation of the mediation rules into the national legislation. Keywords: settlement agreement, mediation, ways of out-of-court labor disputes resolution, act on mediation.
Authors and Affiliations
Galina Goncharova
Keywords
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