Dispute Resolution with the Participation of a Judge and Mediation as Institutions of Alternative Dispute Resolution

The article analyzes the effectiveness and practical application of the institutions of dispute resolution with the participation of a judge and mediation. The shortcomings of the institution of dispute resolution with the participation of a judge are analyzed, including: entrusting the judge with an unusual function – a neutral mediator between the parties, while the only function of a judge, according to the legislation, is the function of administering justice; in administrative proceedings in the professional environment, the procedure for resolving a dispute with the participation of a judge is perceived as a way to avoid considering the merits of the case, since in the event of termination of dispute resolution with the participation of a judge and the resumption of proceedings in the case, such a case is transferred for consideration by another judge. Therefore, the institution of dispute resolution with the participation of a judge should be excluded from the CAS of Ukraine, since the current legislation of Ukraine allows for the use of another alternative method of dispute resolution – mediation. Mediation is defined as a dynamic, structured process in which an impartial third party helps the parties to the dispute to resolve the conflict using special methods of communication and negotiations. This form of conflict resolution is based on the voluntary participation of the parties, who, with the help of a neutral mediator, seek to achieve a mutually beneficial solution. Mediation is an extrajudicial tool aimed at maintaining confidentiality, saving resources and avoiding conflict escalation. It has been noted that despite the fact that mediation has been implemented in Ukraine for over 30 years, it has not gained widespread use today. The main reason is related to the lack of public awareness of the benefits of mediation. Another reason for the lack of dissemination of mediation in the public legal sphere is related to the low level of trust of citizens in the activities of government bodies, which determines the tendency of citizens to go to court to resolve conflicts with these bodies. The article proposes ways to solve these problems. Keywords: conflict, compromise, dispute resolution, extrajudicial dispute resolution procedure, judicial mechanism, administrative justice.