Foreign experience in the implementation of mediation as an alternative method of conflict resolution (the German example)

Abstract

The transformation of mediation as an alternative method of dispute resolution in Germany since the XIX century is considered. Particular attention is paid to the analysis of the main stages of the formation of mediation in Germany in order to determine the legal nature of mediation. The legal regulation of the mediation procedure in Germany and the requirements for the mediator are in the Federal Law «On the Development of Mediation and Other Methods of Out-of-Court Dispute Resolution» 2012 codified the legislation on mediation and related alternative dispute resolution procedures.

The main ideas of this legal act were: voluntary mediation, autonomy of the will of the parties, full awareness of the parties about the mediation process, the obligation to implement the agreement reached by the parties in the mediation process; ensuring the confidentiality of the mediation procedure; suspension of the statute of limitations for the duration of the conciliation agreement.

A characteristic feature of the definitions of "mediation" and "mediator" in the Law is the expression through them of the basic principles of the procedure, such as confidentiality and voluntariness of mediation, responsibility of the parties, neutrality of the mediator. This approach makes German law more concise and eliminates the need to include a separate article listing the principles of mediation.

German law does not set requirements for the legal form for the provision of mediation services – it can be both individuals and legal entities.

It should be noted that today in Germany mediation competencies are considered as one of the «compulsory elements of qualification" of law students.

The priority of consolidating the legal regulation of mediation in the Ukrainian legislation is determined.