PROCEDURAL MECHANISMS AND CONTEXTUAL DETERMINANTS OF MEDIATION EFFECTIVENESS IN UKRAINE

Abstract

The paper is devoted to the study of procedural mechanisms and contextual factors that determine the effectiveness of mediation based on the analysis of the experience of Ukrainian mediation practitioners. The relevance of the study is determined by the need to understand the specifics of mediation techniques and the impact of organizational, legal and sociocultural environment on the effectiveness of mediation practice in the context of the formation of the mediation institute in Ukraine. The purpose of the study is to identify key procedural mechanisms of mediation, analyze their effectiveness in working with different types of conflicts and investigate the influence of contextual conditions on the possibilities and limitations of mediation practice in the Ukrainian context. The methodology is based on a qualitative approach using semi-structured in-depth interviews with expert mediators who have experience working with family, commercial, labor and interpersonal conflicts. The results of thematic analysis revealed three key categories of determinants. First, procedural mechanisms and techniques of mediation, including active listening and reframing as tools for transforming conflict discourse, working with emotions to legitimize and constructively channel the feelings of the parties, process management and dialogue structuring to organize constructive interaction, solution generation techniques to expand the field of possibilities. Second, characteristics of the conflict and the parties as micro-level contextual factors, covering the type of conflict and specificity of approach to different categories of disputes, parties’ readiness for dialogue and possibilities of its formation, balance of power between participants and ensuring procedural justice, cultural characteristics of the parties and the need to adapt communication style. Third, macro-level contextual factors, including organizational conditions of mediation, legal regulation and institutional support, sociocultural context and peculiarities of mediation perception in Ukrainian society. It was found that the Ukrainian sociocultural context is characterized by traditional orientation towards judicial conflict resolution, insufficient public awareness of mediation, stereotypes about the need to determine right and wrong, which creates specific challenges for mediation practice.