MEDIATION MODELS: PRACTICE AND IMPLEMENTATION MECHANISMS

Abstract

The purpose of the article is to analyze the existing aspects of the problems of training mediation specialists in the conditions of the “public management and administration” master’s degree, which should successfully resolve disputes between the parties as quickly as possible and with the least costs for the parties. An effective alternative is the use of various models of mediation. The article conducts a theoretical and methodological study of approaches to the classification of mediation models; it is shown how different models can be distinguished within the framework of one procedure, the application of which depends on such elements as: the nature of the dispute, the expectations of the parties, the style of conducting the procedure by the chosen mediator; the prediction of specially trained specialists of mediators in the conditions of the “public management and administration” master’s degree was clarified. The professional skills and abilities necessary for a modern mediator, which should ensure the level of participants in the negotiated process, are discussed. The history of studying the formation of the main mediation models showed that they were formed on the territory of North America, Australia and the countries of the European Union. Therefore, the problem arose of researching the history of the establishment of the mediation institute in order to determine approaches to the implementation of modern mediation models. The approaches to the models of future mediators, which were evaluated by students of the master’s degree in “public management and administration”, were separately investigated, and as a result, a theoretical model of a modern mediator of a public specialist was proposed. The experience of training public specialists in the conditions of the master’s degree provided an opportunity to find out that the idea of the existence of varieties of mediation (so-called models or types) was accepted by the world community. The mediator’s practical skills and skills in adapting the mediation model to the needs and expectations of the parties were studied. They came to the opinion that the mediation models should be considered as a certain basis for the identification and practical application of various mediation technologies, which will enable the parties to the conflict to reach an understanding and find the optimal negotiation solution. The scientific novelty of the work lies in the fact that for the first time the application of various models of mediation as an effective alternative to the state court system has been investigated. The generalized theoretical results of scientific research and legislative documents made it possible to present a theoretical model of a mediator of a public specialist, which is considered as the unity and interrelationship of such components as: nature of dispute resolution; the ability to propose a solution to the parties as an organizer; readiness of the mediator to prepare clients in the perception of conducting the mediation procedure.