Mediation: review of approaches in investigation and legal framework

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Purpose: To perform a comprehensive analysis of mediation as a social and legal institution of the modern society and to identify a legal component in the dispute regulation procedure. Methodology: When investigating the author mainly used a formally judicial method and applied a system (comprehensive) approach Results: The paper comprises a brief review of scientific approaches to mediation investigation. The concept of mediation has been considered from philosophical, psychological, political, sociological and judicial viewpoints. This contributed greatly into the legal definition of mediation. It has been found out that mediation is a procedural institution, that has a compound legal nature and requires that further research should be carried out by scientists of material branches of law. The author argues that mediation procedure is based on law and the mediator’s activities are limited by certain legislation requirements and bounds. At the same time it is due to the mediation social orientation and public value that a non-mandatory approach is widely used when regulating mediation procedure. This factor brings mediation and social partnership together. The author justifies that a new terminology should be introduced. Along with such terms as «jurisdiction» and «cognizance» the term «dispute mediability» has to used so that to make it possible to apply mediation when regulating any disputes (conflicts). Novelty/originality/value: The article has a certain scientific value since it comprises a complex of approaches to investigating the concept of mediation; includes argumentative characteristics of legal component in mediation procedure and justifies the need to introduce a new term of «dispute mediability». The paper has scientific and practical value for the further research into mediation.


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