MEDIATION AS AN ALTERNATIVE FOR RESOLVING INDIVIDUAL LABOR DISPUTES IN UKRAINE: ESSENCE, PRINCIPLES, ADVANTAGES ; МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВА ВИРІШЕННЯ ІНДИВІДУАЛЬНИХ ТРУДОВИХ СПОРІВ В УКРАЇНІ: СУТНІСТЬ, ЗАСАДИ, ПЕРЕВАГИ

The work examines the essence of mediation as an alternative way to resolve individual labor disputes, as well as examines its advantages and principles, which are the basis of this out-of-court dispute resolution procedure. It was concluded that mediation is currently a more accessible option for resolving disputes for the citizens of our country, which has its own universal constructive character. This is a special form of negotiation, its nature is determined by the place and role of the mediator in this procedure. It has the following features: it is a special type of negotiation that has a certain structure; mandatory participation of a mediator who is not a representative of any of the parties; the mediator assists the parties in conducting negotiations and reaching a mutually acceptable solution, at the same time does not examine the evidence and does not establish the facts, and also does not force the parties to make a certain decision and does not give advice on possible decision options, and does not make a binding decision for the parties; the active role of the parties themselves in the negotiations regarding the independent search for possible solutions. The advantages of mediation include: saving time and financial resources; the ability to influence the result; confidentiality of the procedure and less stress; the possibility of maintaining or restoring business relations; the possibility of preventing conflicts in the future; in the case of successful mediation - a guarantee of execution of the decision. The main advantage of resolving disputes through mediation is that the parties to the conflict fully control the decision-making process for settling the dispute, and the final resolution of the conflict depends on the parties, not on the court. The principles of mediation as a pre-trial way of resolving labor disputes and protecting the labor rights of employees should be understood as the original, fundamental, inviolable principles, ideas that underlie the introduction and further ...