Principles of mediation as an alternative way to protect human and citizen rights

In: Cuestiones Políticas, Band 39, Heft 70, S. 238-249

Abstract

The purpose of the investigation is to analyze the principles of mediation as an alternative way of protecting human and civil rights specified in Ukraine's draft law "On Mediation", to reveal their relationship and interdependence. During the investigation, it was recognized that mediation should be understood as negotiations organized in a special manner with the participation of a neutral mediator who assists the parties in developing a mutually beneficial solution. This approach can be considered one of the most effective ways to restore violated subjective human rights. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions. During the research, the methods of scientific cognition were also used: terminological, logical-semantic, functional, system-structural, logical-normative. During the research, it was concluded that the formation of legislation on mediation should be based on the principles of mediation determined on the basis of the theoretical and methodological analysis of the principles contained in the legislation in force in the developed world and the principles of law, as well as defined by the Constitution of Ukraine.