The psychological component of the mediation procedure in civil proceedings
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 2, Issue
Abstract
The psychological content of the procedure of mediation in civil legal proceedings is investigated as well as the gaps in the legal regulation of the designated institute from the standpoint of psychological science. In the context of the above mentioned proposals regarding the improvement of the existing legislation that partially regulates mediation and expresses author's views on the introduction of a training course «Mediation in higher education in the civil process in Ukraine». From the psychological point of view, among the benefits of mediation, it is necessary to separate its inductive nature from the voluntary, coordinated implementation of the decision taken at the alternative settlement of a civil legal dispute between its conflict-ting parties. As is known, conflicting parties to the dispute are always individuals with their own characteristics and individuality, and therefore, in order to resolve such a dispute, it is first of all to involve a psychologist better than a legal-psychologist, given the harmonious combination of law and psychology. Тhe main factor determining the success of reconciliation through mediation is the psychological attitude of the parties to the alternative dispute resolution to the conflict as a psychological phenomenon. And the correct approach of the mediator to each of the parties to the dispute is the key to the successful resolution of the very psychological component of the conflict. Therefore, mediation is an alternative conciliation procedure that involves discussing the legal problem that has already happened but is optimized by mediator specialists to neutralize the unnecessary psychological exacerbation of a civil legal dispute between its conflicting parties. Due to the presence of the mediator of the legal psychologist who facilitates the dialogue process between the parties and directs them to reconciliation of interests and finding consensus, procedural adventure passes into cooperation and mutual understanding. The author's model of the training course on «Mediation in civil legal proceedings» is proposed that significantly optimizes the training of lawyers for the implementation of mediation procedures in the civil process in Ukraine.
Authors and Affiliations
Ihor Volodymyrovych Ozerskyi
Keywords
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