Legal Bulletin. 2021. №2.
Постійне посилання колекціїhttps://dspace.krok.edu.ua/handle/krok/2311
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Документ Mediatin in family business: finding a solution in family and commercial issues(Університет «КРОК», 2021) Yuriichuk, Illia; Moisei, HeorhiiThis article is about the aspects of mediation in family business disputes. Nowadays, all developed countries of the world are considered the recognition mediation as one of the most efficient methods to resolve a dispute. A mediator is a profes- sional who acts as a third party to resolve a dispute and helps opponents to communicate with one another, to guide the parties in their finding a solution that satisfies the interests and needs of both parties. In the article we discover a correlation between a family and business interests, analyze the meaning of the “family business conflict” concept, and discover a detailed and structured proce- dure of mediation in family business disputes. Moreover, it was compared the basic pros and cons of the family business mediation, which helps us to find out the strong and weak sides of such brand new type of mediation.Документ Mediation in conflict management: general approaches and practices in Ukraine and EU(Університет «КРОК», 2021) Andreieva, Kateryna; Parkhomenko, OlenaIn the context of global changes and the intensification of conflict situations in society, the problem of their ef- fective resolution becomes especially relevant. The experience of leading countries confirms the high effectiveness of mediation in this area. The purpose of this paper is to study the general approaches in mediation, its role in conflict management based on the analysis of best EU practices. Using a set of general scientific cognition methods (analysis, synthesis, comparison, etc.), the main approaches to defining the concept and components of the mediation process in Ukraine and European countries are analyzed. The key principles and stages of the mediation procedure are summarized too. Quantitative and qualitative indicators of mediation implementation for a number of countries have been identified on the basis of comparative analysis. The peculiarities of the spread of mediation in Ukraine are considered, the main obstacles to the active spread of alternative conflict resolution in the state are identified. With the method of generalization, the results of the implementation of a number of projects in the field of law and medi- ation in Ukraine are presented, which made it possible to determine the further trajectory of dissemination of mediation practices in the Ukrainian reality. As a result of the study, the proposals to increase public awareness and trust in the mediation procedure are provided too. The results of the study may have the practical interest to scientists in the field of mediation, conflict, law and management, as well as to NGOs, universities and other stakeholders.Документ Negotiations and mediation: from differentiation to mutual complementarity(Університет «КРОК», 2021) Bartusiak, PavloDue to the permanent crisis in the judicial system Ukraine is constantly reforming the organization of courts, improving the legal regulation of the administration of justice. On the other hand, from the society itself, like mushrooms after the rain, there emerge alternative ways of resolving disputes, including negotiations and mediation. The purpose of this article is to study the variants for understanding by the scientific community of such concepts as «negotiation» and «mediation» through the use of methods of comparison, analysis and synthesis. The article demonstrates the existence of several approaches to the definition of negotiation and mediation, which are characterized by the differentiation of these phenomena or their complementarity by each other. The models for understanding of negotiation and mediation, that proposed in the article, will help all those, who are interested in these ways of alternative disputes resolution, to better understand their essence and purpose, to successfully apply negotiation techniques during mediation sessions.