Mediation Principles in the Civil Society and Features of Their Application in the Educational Environment of Ukraine
Mediation Principles in the Civil Society and Features of Their Application in the Educational Environment of Ukraine
Author(s): Anzhelika Sheremet, Tetiana Blashchuk, Serhii IshchukSubject(s): Civil Law, State/Government and Education
Published by: Fundacja Pro Scientia Publica
Keywords: mediation; alternative dispute resolution, principle; rule of law; confidentiality and voluntariness; educational environment; civil society institutions;
Summary/Abstract: Aim. The main purpose of research presented in this article is to analyse mediation principles and features of their application in the educational environment of Ukraine. Methods. The study is based on the analysis of enacted regulations and their comparison in different countries, as well as information obtained from the study of literature, including works by authors of both legal and other social sciences where mediation is used as a means of compromise, including psychology, medicine, ecology, along with the use of tools and comments specific to the study of law. To study the prospects and effective application of mediation principles in the educational environment, sociological surveys of various participants of the educational process were conducted. Results. The results of study showed that certain types of mediation principles are applied in different countries taking into account the peculiarities of national legal systems. Notwithstanding, such principles as the rule of law, the principle of equality (equal rights) of the parties, the principle of voluntariness, confidentiality and mediator behaviour (independence and impartiality, trust and justice) are applied in most of the studied national models of mediation, consequently they can be called fundamental. The survey results have revealed the readiness of the educational environment to introduce mediation as a tool for resolving conflicts in the educational environment. Conclusions. The specifics of the implementation of mediation principles in Ukraine and their correlation with the principles of the judicial process require further research.
Journal: The Journal of Education, Culture, and Society
- Issue Year: 13/2022
- Issue No: 2
- Page Range: 231-250
- Page Count: 20
- Language: English