Mediation: questions of theory and practice

Authors

  • F.S. Momysheva

DOI:

https://doi.org/10.31489/2024l2/110-121

Keywords:

arbitration, mediation, conciliation, pre-mediation, post-mediation, conflict resolution, principles of mediation, facilitative mediation, arbitration mediation, extrajudicial mediation, professional mediator

Abstract

The article is dedicated to the exploration of the concept, types, and essence of mediation, certain aspects in the history of its development, as well as the principles and stages of mediation. In the modern social context, the relevance of these issues is beyond doubt. Mediation, as a conflict resolution process, plays a crucial role in resolving disputes and strengthening social cohesion. When considering it in the context of a social state, where the government plays a decisive role in ensuring the well-being of its citizens, several key points have been identified: resolving conflicts in social issues; access to justice and social equality; government policy and support; social integration, and more. Mediation provides alternative means of conflict resolution in various
social spheres, such as family disputes, conflicts in society, and workplace disagreements. Its value lies in facilitating peaceful settlements and preventing the escalation of conflicts that negatively impact the social structure of society and have adverse effects on the overall social fabric. Therefore, the study and exploration of the theoretical and practical foundations of mediation are crucial. Both empirical research methods (comparison) and theoretical research methods (analysis) were employed within the scope of this inquiry. 

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Published

2024-06-18

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE LAW