GENERAL THEORY OF MEDIATION IN LAW

The article is devoted to the general theory of mediation in jurisprudence, which allows to reduce the burden on the judicial system, to avoid moral, psychological and financial costs.It is noted that in society it is impossible to avoid conflict situations, because society is a living organism in which active life processes take place.It is important to peacefully resolve situations that are conflict-generating.It is impossible to avoid conflict, but a person is able to get rid of destructive consequences by constructively resolving it.It is proved that alternative dispute resolution refers to any methods of their settlement outside of judicial procedures.Mediation consists in finding the optimal solution, fully taking into account the interests of the parties through a series of negotiations.In Ukraine, the mediation procedure is actively developing and regulatory legal acts are being adopted that regulate this process.Until recently, the issue of resolving conflicts through mediation was unregulated, and with the adoption of the Law of Ukraine "On Mediation", this procedure began to be actively implemented in legal practice.It was emphasized that the issue of mediatability of the conflict is important.The absence of prohibitions on mediation, the availability of resources by the parties and the desire to resolve the conflict out of court are important.If the legislation allows mediation in a specific case, then it is worth taking advantage of this opportunity.The mediation procedure can be suspended at the request of the parties/party.Accordingly, the parties who try to resolve the conflict through mediation have the opportunity, under certain conditions, to go to court.International organizations have developed a number of recommendations for states regarding the mediation procedure.Ukraine also takes these regulations as a basis and implements their provisions in practical activities.№ 13(54) 2025 44Attention is focused on the fact that it is important to clearly distinguish the criteria and requirements for the mediator.It is worth actively introducing mediator courses that will form the professional components of the mediator.Psychologists and lawyers should work together on such courses.This will help to form the ability of mediators to master psychological techniques in working with people.