Understanding dialogical media

This article presents a comprehensive analysis of the concept of dialogicality in mediation. Drawing on Niklas Luhmann’s systems theory, the essence of mediation is revealed as a self-referential communicative system. The constitutive elements of mediation are the parties to the conflict, as it is their differences, interests, and needs that form the basis for dialogue. The study distinguishes between the external (interpersonal interaction between the parties) and internal (the ability of each participant to engage in an internal dialogue, rethinking their own position) dimensions of dialogicality. It is argued that effective mediation requires the attributive combination of both dimensions, since external dialogue without internal readiness for change becomes a formal exchange of remarks. Particular attention is given to the legal foundations—specifically, the Law of Ukraine «On Mediation» and international legal instruments—that create the conditions for constructive communication. The article analyzes legal norms regulating the rights and obligations of the parties, the status of the mediator, confidentiality requirements, and other aspects of the mediation process in terms of their impact on ensuring dialogicality. The research emphasizes that the dialogicality of mediation is a direct consequence of the ontological heterogeneity of being itself, which is inherently multidimensional. The study demonstrates that legal mechanisms for ensuring dialogicality are not merely formal but also substantive in nature, as they enable mediation itself, influence the values and beliefs of participants, foster readiness to reconsider personal needs, respect the rights of the other party, and promote the pursuit of joint conflict resolution.