Interpretation of Mediation as the Method of Expressing the Will of the Parties (original) (raw)

Abstract

In the world's changing conditions, alternative conflict resolution methods are becoming more critical. Such procedures usually include mediation, conciliation, negotiations, facilitation, restorative justice, arbitration, etc. But it is mediation that is gaining more and more popularity. A large number of international development programs and grants stimulate mediation development. Today, we should pay more attention to understanding the nature of mediation, its concepts and principles. Mediation has become a widespread method of conflict resolution. The parties choose this procedure as an efficient and quick dispute-resolution mechanism. The term "mediation" only indirectly confirms that it is a way of expressing the parties' will and is based on the autonomy of will. This situation determines the practicality of analysing the term "mediation" to define it as a mechanism of manifestation of will by the parties. Mediation arose as a response to distrust of courts and legal nihilism and as a way to reduce the burden on the judicial system. Its prototype was the usual negotiations of the parties with the involvement of a mediator. Mediation took on its modern form and has evolved from ancient times when it was not yet professional and took a simple form. So, mediation became a descendant of "negotiations". The main difference between mediation and negotiations is the obligatory third party, which directs the dialogue process [1]. National and international legislation enshrined the determination concept of mediation. Also, scientific doctrine detail studied this issue. The content of the term "mediation" does not cause active discussion today. This way is because the understanding of mediation is already fixed and declared. C. Menkel-Meadow defines mediation as a process in which a third party (usually neutral and impartial) facilitates the negotiation of an agreement between the parties without making a formal decision [2, p. 70]. O. Mozhaikina understands mediation as a structured voluntary, confidential procedure for out-of-court dispute settlement (conflict), in which a

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