International experience in the application of mediation in land dispute resolution

Abstract

The article analyzes the international experience of using mediation to resolve land disputes and determines its feasibility in the Ukrainian context. The purpose of the study is to analyze international practices of using mediation as an alternative method of resolving land disputes (conflicts). It is established that mediation is an effective alternative method of resolving land disputes which is actively used in the world practice. The author emphasizes the key advantages of mediation, such as more flexible and confidential approaches, and consideration of individual interests of the parties. The author characterizes the basic principles of judicial and private mediation in land disputes, in particular, such as: voluntary process, active participation of the parties, flexibility and informality.

The legal regulation and practice of mediation in Slovenia and the United States are studied. It is established that in the United States, mediation has many years of experience, which provides significant time and resource savings and helps to reduce the number of cases in courts. The author characterizes the peculiarities of judicial mediation in Slovenia. 

The author emphasizes that: international experience confirms the effectiveness of mediation in resolving land disputes and demonstrates its advantages for ensuring legal stability; introduction of mediation in Ukraine requires practical application of the Law of Ukraine “On Mediation”, which is critical for ensuring legal support for this alternative method of dispute resolution, including land disputes, which in turn will not only improve the procedures for resolving land disputes, but will also help to reduce the burden on the judicial system, and will also help to reduce the burden on the judiciary. The practical significance of the study lies in the possibility of applying international experience to improve the functioning of the mediation institute in Ukraine in the field of land disputes.