Title: Models of mediation: Theoretical and legal analysis
Abstract: Abstract The research is relevant since the success of mediation largely depends on the model of the process chosen by the mediator at the stage of preparation. This article aims to study different models of mediation, such as facilitative mediation, evaluative, transformative, e‐mediation, mixed mediation, mediation‐arbitration, narrative mediation, “Shuttle” mediation, court‐mandated mediation, and a lot of others. The key method of research on this issue is the method of analysis, which was used to characterize and determine the characteristics of different models of mediation, and to classify these models according to different criteria. The results showed that among all the studied models, facilitative mediation is the most popular in use. It focuses on the interests of the parties, reflecting the main goal of this procedure, which is to achieve a solution that meets the interests of all parties, and mixed mediation, when the mediator combines different mediation models, using the benefits of each. The study concluded that the mediator should take into account the content of the dispute, the interests of the parties, and the relationship between them, and choose the style of the process that best suits the specific situation. The materials of the article can be used to develop legislation regulating mediation in Ukraine. The results of this study can be used by scientists to conduct theoretical and practical research in the field of alternative dispute resolution, as well as mediators to increase the level of knowledge in the preparation for mediation.
Publication Year: 2021
Publication Date: 2021-07-27
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 12
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