ANALYSIS OF SCIENTIFIC APPROACHES TO DEFINING THE CONCEPT AND MODELS OF MEDIATION AS A CONFLICT RESOLUTION PROCEDURE

Abstract

The paper includes scientific approaches to defining the concept and models of mediation as a conflict resolution procedure. Mediation is defined in a narrow and broad sense. Mediation in a narrow sense is proposed to be understood as a structured process of alternative conflict and dispute resolution, in which a neutral intermediary (mediator) helps organize a dialogue between the parties to reach a mutually acceptable agreement or make decisions. Mediation in a broad sense is proposed to be understood as a complex, structured process of alternative conflict and dispute resolution, covering social, legal and psychological aspects of communication aimed at resolving the conflict, with the formation of a culture of consensus decision-making, the development of negotiation practices and the prevention of escalation of further conflicts through dialogue, mutual understanding and voluntary search for optimal solutions with the participation of a neutral third party (mediator). It is determined that scientists use the concept of "mediation model" as a "mediation style" or "type of mediation". It is revealed that the model determines the approach to conducting mediation; The mediation style determines the behavior of the mediator (for example, directive, neutral); the type of mediation or type of mediation determines the scope of application of mediation (for example, family mediation, business mediation). It is revealed that the main purpose of mediation models, as theoretical constructs, is to form guidelines for the development of mediation practice. It is determined that the distinction between mediation models is necessary for the systematization of approaches to resolving conflicts and disputes. The main mediation models were characterized, which include facilitative, evaluative, transformational, narrative, humanistic, restorative. The criteria for distinguishing mediation models are determined: the purpose of mediation, the role of the mediator, the degree of mediator intervention, an exhaustive description of mediation, the scope of mediation use, orientation to the future or the past.