Правовий принцип рівності сторін у процедурі медіації

The article is devoted to the legal principle of equality of parties in the mediation procedure as a fundamental basis for alternative dispute resolution. The relevance of the study is due to the growing importance of mediation in modern socio-legal conditions and the need to ensure a fair balance between the participants in the mediation procedure. Theoretical approaches to understanding the principle of equality in the context of mediation, its place in the system of mediation principles and its importance for effective dispute resolution are analyzed. The normative consolidation of the principle of equality of parties in national legislation, in particular in the Law of Ukraine «On Mediation», and international standards, including the European Code of Conduct for Mediators, is studied. The theoretical position developed by well-known researchers on the two-dimensionality of the principle of equality, which is manifested in providing equal opportunities to the parties and the existence of equal obligations of the mediator towards all participants in the procedure, is analyzed. Particular attention is paid to the developed theoretical position on the distinction between legal and factual equality of mediation participants, which is of fundamental importance for ensuring a fair settlement of the dispute. The role of the mediator in ensuring equality of the parties and the ethical standards of his activities, enshrined in professional codes, are highlighted. It is substantiated that compliance with the principle of equality is a necessary condition for creating a constructive dialogue between the parties and achieving a mutually beneficial solution. Additionally, the ethical aspects of the activities of mediators are considered, in particular the obligation to comply with the principle of equality at all stages of the procedure. An important place is given to the analysis of possible imbalances that may arise due to socio-economic or other factors. It is shown that the principle of equality of the parties is a key guarantee of the fairness of the mediation procedure, since it ensures a balance of interests of the participants, makes it impossible for one of the parties to dominate and promotes the free and conscious achievement of a mutually acceptable solution. This principle not only defines the ethical and procedural boundaries of interaction between the parties in the process of conflict resolution, but also acts as an important factor in increasing trust in mediation as an effective tool for alternative dispute resolution in a democratic society based on the values of mutual respect, consensus, and legal equality.