Роль медіації у вирішенні сімейних спорів: переваги та недоліки

The article examines the role of mediation in resolving family disputes as an alternative mechanism to traditional litigation. The author analyzes the advantages and disadvantages of this procedure in the context of an objective approach of the person concerned to the choice of a particular method of protecting their rights and legitimate interests. The author analyzes the legislative regulation of mediation, scientific approaches to defining the essence of this process, and determines that family mediation is a process in which a neutral third party (mediator) helps couples in conflict to improve interaction, make beneficial and conscious decisions for each of them, using a certain negotiation technique. Among the advantages of mediation are time and cost savings, confidentiality, the ability to preserve relations between the parties, and focus on the best interests of the parties and children. The author outlines the main legal framework for mediation in Ukraine, including the Law of Ukraine “On Mediation” and other regulations governing this procedure. It is noted that mediation is effectively used in disputes related to the division of property, determination of children’s place of residence, custody and alimony. It is noted that under martial law, in particular due to the overload of courts, including taking into account the change in territorial jurisdiction, the use of alternative dispute resolution methods is appropriate and economical. At the same time, mediation also has a number of disadvantages, including the lack of binding legal force of agreements without their subsequent approval by the court, the possibility of manipulation by one of the parties, in particular in cases of domestic violence, and the dependence of the result on the willingness of the participants to cooperate. The article also highlights the problem of insufficient public awareness of mediation opportunities and the lack of qualified mediators in Ukraine. The study concludes that mediation is a promising mechanism for resolving family conflicts, but requires further improvement of legislative regulation and expansion of professional training of mediators.