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Документ Confidentiality principle in mediation and its exceptions in Latvia(Університет «КРОК», 2021) Rone, Dana; Kīsnica, IvitaThe article analyses confidentiality principle in mediation and its exceptions in Latvia. Since 2014, when Mediation Law was adopted in Latvia, a number of mediated disputes has significantly increased. Although from the surface a principle of confidentiality seems to be with explicit content and clear borderlines, nevertheless theory and practice shows zones of still undefined concepts, which until now have not been analysed in Latvia. The object of the research is a concept of confiden- tiality principle. The aim of this work is to analyse scope of subjects of confidentiality principle, and elaborate on preconditions to for exceptions from mediation confidentiality. Methods of scientific and professional literature review, document and comparative analysis, as well as interview method was applied in this research. The topic of the article is discovered both from theoretical and practical aspect.Документ Psychologist as family mediator: role and significance(Університет «КРОК», 2021) Beridze, Ketevan; Ketchakmadze, RusudanThe article reveals important role of the psychologist as a mediator in family disputes on examples from history and current practice of mediation in Georgia, focusing on activities of the project "Advocacy for the Protection of Children and Youth" implemented on the basis of the psychology clinic at Batumi Shota Rustaveli State University.Документ Why Businesses in countries of Eastern Partnership Need Mediation (Brief Theoretical Discussion)(Університет «КРОК», 2021) Maisuradze, DavitBusinesses are eager to use the dispute resolution mechanisms which are fast and require less costs. At the same time, these mechanisms should be neutral, free from corruption and must not have negative influence on business processes. Mediation is considered as one of the popular methods for solving the conflicts in business sphere. It is distinguished not only from courts but also from other methods of alternative dispute resolution. Gradually, mediation becomes popular in Eastern Europe and in post-socialist world as well. The court systems which are overwhelmed by disputes can benefit from mediators who can relieve the judges from the immense number of cases. Moreover, popularizing the mediation can be profitable for businesses too. Article gives the basic analysis of positive aspects of mediation and underlines its superiority in comparison to traditional courts and other methods of alternative dispute resolution.Документ Online mediation - tool for dispute resolution during lockdown(Університет «КРОК», 2021) Dzimistarishvili, UchaArticle reviews the development process and stages of online mediation. Online Dispute Resolution and online mediation became even more important tool due to pandemic situation in whole world, than ever before. Therefore, article aims to discuss advantages and risks for online mediation. Article provides main characteristics of traditional mediation and their link with online mediation tools.Документ Mediation as a value and chance for Ukraine(Університет «КРОК», 2021) Patsurkivskyy, Petr; Havrylyuk, RuslanaIn the article mediation as a qualitatively isolated self-sufficient value (culture) of a developed civil society is investigated from the standpoint of anthroposociocultural approach. It is substantiated that the quintessence of mediation is the preservation and protection of human dignity in resolving conflicts by their participants with the assistance of professional medi- ators, as well as revealed the basic principles of mediation – human-centrism, denial of violent orders in society and paternalism. It is proved that mediation has a complex nature – it is dialogical, it exists as both a public good and a social service, it is a form of freedom, justice and social partnership, and the attributes of mediation are the trust of the conflicting parties to each other and social optimism. It is substantiated conclusions that: a) the assertion of mediation as a value (culture of mediation) in society is a real Copernican revolution in public views on methods of conflict resolution and one of the most important manifestations of the subjectivity of the individual; b) mediation belongs to paradigmatically opposite values in comparison with the values of state ju- diciary; c) mediation embodies the postmodern way of being and thinking, and therefore can be adequately perceived through the corresponding categorical-conceptual apparatus of non-classical standards of science, from the worldview and methodological approaches of postmodernism.Документ Mediation in criminal cases: comparative legal analysis(Університет «КРОК», 2021) Fedorchuk, MarynaThe article is devoted to the comparative analysis of mediation in criminal cases in particular countries. The article analyzes the approaches of researchers to the understanding of mediation in criminal cases and restorative justice. The international standards in the field of mediation in criminal cases and restorative justice, which are applied by states and imple- mented in national legislation, are considered. It has been studied that mediation is a form of restorative justice. It was found that in most countries, mediation in criminal cases was introduced through the implementation of pilot projects, and over time, rele- vant laws on mediation were adopted or legislation was amended. The current state of development of mediation as a restorative justice in Ukraine is analyzed.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 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 The place of mediation in the system of social sciences(Університет «КРОК», 2021) Savchenko, Viktor; Neskorodieva, InnaIn modern conditions, mediation has been increasingly becoming the subject of discussion to determine its place in the social sciences. In this regard, the need for an analysis of the social sciences, which are most closely related to mediation, will be updated. The aim of the article was to determine the structural components of the concept of "mediation" and to determine the place of mediation in the system of social sciences. The main problem in determining the place of mediation in the social sciences is the lack of a unified approach to this issue. Used the content analysis, the following components of the concept of "Mediation" have been identified: process, conflict, mediator, parties. It was found that mediation is an interdisciplinary science, which is at the junction of a number of social sciences: law, economics, sociology, and psychology. Based on the results of the study was made conclusions: today, mediation does not have its definite and fixed place in the system of social sciences. It has been established that at present mediation cannot be considered only within the framework of one science. The scientific results obtained in the study could serve as the basis for the development of the conceptual foundations of mediation and the disclosure of the practical potential of this process in conflict resolution.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.