Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes

Purpose.The purpose of the work is to analyze the understanding of mediation as a special out-of-court procedure for the settlement of civil and labor disputes. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and...

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Main Author: Mahnovskyi I.
Format: Article
Language:English
Published: King Danylo University 2024-06-01
Series:Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького
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Online Access:https://visnyk.iful.edu.ua/en/issue-1729/mahnovskyi-i-understanding-mediation-as-an-out-of-judicial-procedure-for-the-settlement-of-civil-legal-and-labor-disputes/
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author Mahnovskyi I.
author_facet Mahnovskyi I.
author_sort Mahnovskyi I.
collection DOAJ
description Purpose.The purpose of the work is to analyze the understanding of mediation as a special out-of-court procedure for the settlement of civil and labor disputes. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results.In the research process, it was recognized that among the practice of dissemination, which is demanded by time, effective tools based on safe reconciliation and mutually beneficial agreement, which are distinguished by their flexibility, extrajudicial, independent, alternative ways of settling civil and labor disputes and conflicts, in the domestic legal mechanism of ensuring human rights, mediation is becoming more and more widespread. The formation, adaptation and development of mediation in Ukraine are accompanied by national character and features, which will contribute, taking into account the standards in this field of foreign experience, to the development of appropriate professional approaches and competencies for the effectiveness of the legal regulation of the procedure for its application. Originality.In the process of research, based on the generalization of positive experience, the importance and effectiveness of mediation as a special out-of-court settlement procedure based on peaceful resolution and ag-reement of civil and labor disputes has been proven. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals for improving the legal mechanism of the out-of-court procedure for the settlement of civil and labor disputes.
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institution Kabale University
issn 2078-6670
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publishDate 2024-06-01
publisher King Danylo University
record_format Article
series Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького
spelling doaj-art-0ecdd4ce0c36472793d8402231a11e4b2025-01-20T09:25:25ZengKing Danylo UniversityНауково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького2078-66702618-03082024-06-0117(29)172180https://doi.org/10.33098/2078-6670.2024.17.29.172-180Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputesMahnovskyi I. 0Odessa State University of Internal AffairsPurpose.The purpose of the work is to analyze the understanding of mediation as a special out-of-court procedure for the settlement of civil and labor disputes. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results.In the research process, it was recognized that among the practice of dissemination, which is demanded by time, effective tools based on safe reconciliation and mutually beneficial agreement, which are distinguished by their flexibility, extrajudicial, independent, alternative ways of settling civil and labor disputes and conflicts, in the domestic legal mechanism of ensuring human rights, mediation is becoming more and more widespread. The formation, adaptation and development of mediation in Ukraine are accompanied by national character and features, which will contribute, taking into account the standards in this field of foreign experience, to the development of appropriate professional approaches and competencies for the effectiveness of the legal regulation of the procedure for its application. Originality.In the process of research, based on the generalization of positive experience, the importance and effectiveness of mediation as a special out-of-court settlement procedure based on peaceful resolution and ag-reement of civil and labor disputes has been proven. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals for improving the legal mechanism of the out-of-court procedure for the settlement of civil and labor disputes.https://visnyk.iful.edu.ua/en/issue-1729/mahnovskyi-i-understanding-mediation-as-an-out-of-judicial-procedure-for-the-settlement-of-civil-legal-and-labor-disputes/mediationmediation agreementout-of-courtalternative procedurecivil legal disputes and conflicts
spellingShingle Mahnovskyi I.
Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького
mediation
mediation agreement
out-of-court
alternative procedure
civil legal disputes and conflicts
title Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
title_full Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
title_fullStr Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
title_full_unstemmed Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
title_short Understanding mediation as an out-of-judicial procedure for the settlement of civil-legal and labor disputes
title_sort understanding mediation as an out of judicial procedure for the settlement of civil legal and labor disputes
topic mediation
mediation agreement
out-of-court
alternative procedure
civil legal disputes and conflicts
url https://visnyk.iful.edu.ua/en/issue-1729/mahnovskyi-i-understanding-mediation-as-an-out-of-judicial-procedure-for-the-settlement-of-civil-legal-and-labor-disputes/
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