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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.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 Comparative analysis of experience of Georgia and Ukraine in implementation of mediation in commercial disputes(Університет «КРОК», 2021) Francuz, Anatolij; Polishchuk, Viktoriia; Француз, Анатолій ЙосиповичThis article is devoted to the analysis of the practical experience of mediation application in commercial disputes. A comparative analysis of the historical development of mediation in Georgia and Ukraine has been made. In the past in Georgia, mediators were found to be individuals, who enjoyed authority and trust among the members of society and who knew laws very well. In Ukraine, mediation has developed as a part of negotiations between the disputing parties. It is determined that current mediation in Georgia and Ukraine is developing in different ways. The starting point of the mediation development in Georgia can be considered a creation of a mediation clinic at the university. Thereafter, an institution that was focused on social dialogue was created in Georgia in 2008. Further development of mediation in Georgia was accompanied by the introduction of pilot projects and the active development of the training system for the new profession, namely a mediator. The result of pilot projects in Georgia was the adoption of amendments to the Civil Procedure Code, which established two forms of mediation. Mediation has become a must in family disputes and in settling disputes between neighbours. For other types of disputes, including commercial disputes, mediation was a recommendation. It was researched that financial incentives and accountability have been also applied to encour- age mediation in Georgia. For parties, who have used mediation before applying to the court but have not reached an agreement, a lower court fee is set. If the parties have waived the obligatory mediation, the defaulting party shall pay a fine. Georgian law also stipulates the possibility of enforcement of a decision made in the mediation process if one of the parties fails to comply with it. The author analysed that the draft law on mediation in Georgia will stimulate the state and all its bodies and businesses to actively use mediation in any disputes. In Ukraine, the development of mediation began in the 1990s. It is researched that Ukraine and Georgia have a similar start in the introduction of mediation into the legal system. An authority that is engaged in social dialogue has also been set up in Ukraine. However, in the absence of effort consolidation of all stakeholders in the legal definition of the mediation process in Ukraine, paths of mediation development in Ukraine and Georgia had split. It is concluded that the criterion of the success in implementation of mediation in legal terms is the need to introduce mediation disciplines in higher education institutions and to carry out educational work among the population on the effectiveness of this method of dispute resolution.