调解作为解决家庭纠纷的替代方式

Yuliana Kuziv, Victoria Chornopyska
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引用次数: 0

摘要

文章研究和分析了家庭冲突以及调解作为解决冲突的替代方式的重要性。文章考虑了家庭冲突的性质、家庭关系的特殊性以及建设性地解决这类冲突的重要性。结果表明,家庭调解能够考虑到家庭冲突的高度情绪化,因此在混乱的生活环境中非常有效。文章研究了家事调解出现的历史及其在不同国家(包括乌克兰)的发展情况。文章探讨了乌克兰在该领域新立法的有效性。文章详细讨论了家事调解的原则和阶段,包括调解准备、收集信息、寻找解决方案和结束程序。还考虑了让儿童参与家事调解过程的可能性以及调解后的反馈阶段。确定了调解与其他解决冲突方法相比的优势。考虑到冲突各方的利益,调停有助于创造建设性的解决方案和妥协。一个重要的方面是能够在家庭冲突中考虑到儿童的意见和需求。此外,与法庭诉讼相比,调解的费用更低,耗时更少。将调解引入法律体系有助于司法改革,确保更有效、更和平地解决家庭纠纷,《乌克兰调解法》为规范这一进程奠定了法律基础。自愿参与和中立调解人的作用使调解成为解决冲突的有前途和人道的工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Mediation as an alternative way of resolving family disputes
The article examines and analyzes family conflicts and the importance of mediation as an alternative way to resolve them. The nature of family conflicts, the peculiarities of family relations and the importance of a constructive resolution of this type of conflict are considered. It was determined that family mediation allows to take into account the high emotionality of family conflicts and is therefore very effective in confusing life situations. The history of the emergence of family mediation, as well as its development in different countries, including Ukraine, is studied. The article examines the effectiveness of new legislation in this field in Ukraine. The principles and stages of family mediation are discussed in detail, including preparation for mediation, gathering information, finding solutions and concluding the procedure. The possibility of including children in the family mediation process and the feedback stage after the mediation is also considered. The advantages of mediation in comparison with other methods of conflict resolution are determined. Mediation helps to create constructive solutions and compromises, taking into account the interests of all parties to the conflict. An important aspect is the ability to take into account the opinion and needs of children in family conflicts. Also, mediation is less expensive and time-consuming compared to court proceedings. The introduction of mediation into the legal system contributes to the reform of justice, ensuring a more effective and peaceful resolution of family disputes, and the Law of Ukraine «On Mediation» creates a legal basis for regulating this process. Voluntary participation and the role of neutral mediators make mediation a promising and humane tool for conflict resolution.
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