SETTLEMENT AGREEMENT AND MEDIATION: GENERAL FEATURES AND DIFFERENCES BETWEEN THEM

Abstract

In the article the present state and perspectives of the introduction in Ukraine of the
alternative methods of the labor disputes settlement have been investigated and analyzed.
Investigating the essence of the problem the author agrees with the opinion of many scholars and
emphasizes the need for searching of the alternative methods of the disputes regulation as the
value of the cost of court fee, excessive length of proceedings term, reduce of the level of
confidence in the court by the public proves ineffective and inexpediency of consideration of the
disputes in the court. Analyzing the situation in Ukraine the right observation has been made by
the author on the fact that the number of proceedings every year is not reduced, and the terms of
their consideration is only increased. Among factors of such phenomenon the author considers
the following: absence of the proper legal education of citizens as to their attitude to the
compromises and imperfection of the current mechanism of the legal regulation.
In the article the significant analysis of the concept of the mediation, that is, the activity
of the professional mediator directing participants of the legal dispute to the compromise and to
the regulation of the dispute by the participants themselves has been conducted by the author.
The mediator is the obligatory participant of the dispute.