| Abstrakt: |
The purpose of the article is to substantiate mediation as a value seen as one of the innate and inalienable human rights. The subject matter, purpose and objectives of the research have determined the basic methodological tools of the article: practical philosophy and material phenomenology, which are efficient tools for cognition of such "an invisible" phenomenon, according to M. Henri, "as the sphere of intersubjectivity", and also the need-based approach making it possible to analyze the existential origins of mediation through transcendental needs of individuals for the good. With the help of this, the author: elaborates on the quintessence of the positivist concept of the legal nature of mediation as an institution of court mediation; investigates into the foundations of the human-centered concept of the legal nature of mediation; and provides substantiation for the key assessment points and the conclusions of the study. Under the anthroposociocultural approach to cognition, mediation has a dual legal nature. It stems from the existential features attributable to man and the existential arrangement of the human world. This a priori refers mediation as a value to innate and inalienable human rights. Being a product of the fundamental (need-based) way of coexistence of individuals in society and, at the same time, a system of their interrelated legal obligations which contribute to ensuring a reconciled social environment, mediation is also a public good, and thus it must be guaranteed by each State. Therefore, mediation is a mutual legal self-defense of individuals. At the moment, from the perspective of introducing mediation into everyday practice in the member States of the European Union, public - private partnership of an institutional type has proved to be the most effective legal model of cooperation of the State and civil society. In the positivist tradition of legal knowledge, mediation is regarded as one of the auxiliary means for improving of State justice. [ABSTRACT FROM AUTHOR] |
