Mediation is a process where a neutral third party, called a mediator, helps people resolve their conflicts. The mediator helps the parties to mutually understand each other and find compromise solutions that will satisfy both. In mediation, it is important to listen to each other, communicate openly and find ways to solve the problem without judgment.
The historical aspect makes it possible to understand that the occurrence of conflicts has always been a common phenomenon. Such conflicts arose in all types of relationships and were resolved in various ways.
The beginning of mediation goes back to the time of the great depression in the United States of America, which was in the 30s of the twentieth century. At that time, the purpose of mediation was to resolve conflicts in family and labor relations, and the use of mediation contributed to the cessation of mass unrest in society. Mediation has become widespread in European countries, such as Germany, France, Italy, and other countries. Turning to the etymological origin of the term "mediation", we should come to the conclusion that it is identified with mediation between certain subjects. The effectiveness of mediation is recognized by the European community — most documents of the Council of Europe and EU Directives recommend the implementation of mediation as the main method of alternative dispute resolution. A characteristic feature of the modern stage of development of state administration in the judicial system is the transition from a confrontational to a discursive-competitive form of justice, the main concept of which is reconciliation.
Why is mediation not as popular in Ukraine as in Europe? The Ukrainian mentality can be affected by historical and cultural factors, in particular, the Soviet Union's approach to conflict resolution. The legacy of the Soviet justice system, where the authorities had overwhelming influence and individual rights and freedoms were limited, can lead to a sense of distrust in the mediation and negotiation process.
Many Ukrainians may be used to the fact that conflicts were resolved with the help of authoritarian methods, where one side was the clear winner and the other was the loser. This approach can affect the attitude to mediation, which is based on the principles of cooperation, mutual understanding and finding mutually beneficial solutions for all parties.
Also, the Ukrainian mentality may be affected by other factors, such as fear of losing control, lack of confidence in one's own abilities to resolve conflicts, or traditional ideas about fairness and justice.
However, with the development of society and the growing awareness of the importance of peaceful conflict resolution, the Ukrainian mentality may undergo changes. A good example of poor promotion is the services of a psychologist. Even 5 years ago, it was strange to hear from friends or relatives about meetings with a psychologist. This, at least, meant that you have problems that you cannot solve yourself. Instead, today, it is already a popular trend to work with your mental health. Therefore, we hope that mediation, as a modern alternative way of resolving conflicts, will gain wide momentum and scale, rather than immediately going to court.
