Mediation in Public-Law Disputes: an Innovative Approach to the Protection of Human Rights

Abstract

The relevance of the research topic is explained by the need to improve instruments for resolving public law disputes in the context of new challenges in the field of human rights protection. Mediation attracts attention as a potentially effective tool for resolving such disputes, especially when traditional judicial procedures do not provide sufficient fairness and efficiency, thereby reducing citizens’ trust in the judicial system. The use of mediation promotes more effective implementation of constitutional provisions and offers new mechanisms for the protection of citizens’ rights, ensuring flexibility and an individual approach to each specific dispute. The purpose of the research is to analyse mediation as a tool for resolving public law disputes and to determine its role and effectiveness in protecting human rights in Ukraine. Achieving this goal was made possible through the use of scientific methods, in particular, the systemic method (to consider mediation as a holistic phenomenon within the legal system), the formal-legal method (to analyse the relevant legal acts), the methods of analysis and synthesis (to detail specific aspects of the problem and generalise the obtained data), and the method of generalisation (to form general conclusions and recommendations). The research results showed that mediation has significant potential to improve the process of resolving public law disputes and to enhance the level of human rights protection. Its application facilitates faster and more efficient conflict resolution, reduces financial and time costs, and helps preserve relationships between the parties, contributing to the development of a culture of peaceful dispute settlement. The introduction of mediation into Ukrainian legal practice can significantly increase the effectiveness of citizens’ rights protection and trust in state institutions. Further scientific research includes the development of specific recommendations for the regulatory support of mediation in public law disputes in Ukraine, adaptation of best international practices to the national context, analysis of potential obstacles, and ways to overcome them. Research into the effectiveness of mediator training and raising citizens’ awareness of mediation possibilities can facilitate the wider implementation of this tool.