Pre-trial protection of subjective public rights through mediation: administrative and legal aspect

Abstract

The article examines the main problems of the mediation institute, its potential for reducing the burden on the judicial system, as well as the possibilities of adapting international standards to national legislation regarding mediation. The focus is placed on the pre-trial protection of subjective public rights through mediation, with an emphasis on identifying key challenges and outlining possible solutions.

The purpose of the scientific article is to explore the potential of mediation as an effective tool for the pre-trial protection of subjective public rights of participants in administrative legal relations. The author highlights the capacity of mediation to alleviate the workload of the judiciary, enhance access to justice, and ensure faster and less adversarial resolution of disputes between citizens and public authorities.

A comprehensive range of general scientific and special legal methods were employed in the study, including analysis, synthesis, comparative legal, formal legal, and systematic approaches. The application of these methods allowed for a thorough analysis of international experiences in regulating mediation, assessment of the current state of national legislation, and identification of the main challenges in the implementation of mediation in administrative proceedings.

It is emphasized that the use of alternative dispute resolution methods, such as mediation, enables more efficient conflict resolution, providing parties with the opportunity to avoid lengthy and costly court proceedings, which is particularly valuable in administrative cases. The Law of Ukraine "On Mediation" regulates the mediation process in administrative cases; however, the legislative framework continues to evolve, gradually adapting international practices to the needs of the Ukrainian legal system.

The study substantiates that alternative dispute resolution methods, including mediation, are effective mechanisms for balancing the interests of the parties in administrative proceedings. It was established that the current legislation of Ukraine, in particular the Law "On Mediation," requires further development and harmonization with European standards, especially in terms of resolving public-law disputes. Key challenges have been identified, including insufficient regulation of pre-trial settlement of administrative disputes, lack of established practice, low legal awareness of the parties, and an underdeveloped system for training mediators.

The conclusions emphasize that the effective implementation of mediation in the administrative process contributes to improving access to justice and reducing the burden on the judiciary. A critical aspect of this is adherence to ethical standards during mediation procedures (with civil associations applying the European Code of Conduct for Mediators). The implementation of such ethical norms at the state level will enhance trust in the mediation procedure and its effectiveness.

The research results may be useful for lawyers, students, and other individuals interested in issues of administrative law.