General and specific aspects of the implementation of the human right to mediation in the legal systems of Italy, Germany, Portugal and Ukraine
Year: 2027
Type: article
Abstract: This article aims to clarify how the content and guarantees of the right to mediation are formed in modern legal regulation and under what conditions the procedural consequences of initiating the procedure do not destroy the voluntary and self-sufficient nature of the dialogue. Methodologically, it uses an analysis of international, European, and national acts on mediation, as well as a comparative analysis of regulatory decisions in Portugal, Italy, Germany, and Ukraine. The comparison showed that legal systems combine formalised effects with voluntariness in different ways. A common criterion for their acceptability is a legally neutral participation regime that does not create losses for the parties and does not penalise refusal or lack of agreement. In addition, law enforcement approaches to the admissibility of formalised effects are analysed. It has been shown that a legally neutral exit without detriment and impenetrable confidentiality are decisive for preserving the dialogical nature of mediation.
Authors: Havrylyuk, Ruslana, Patsurkivskyy, Petro
Institution: Yuriy Fedkovych Chernivtsi National University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7220449883