THE ORIGINS AND PROCESS OF IMPLEMENTING COURT CONNECTED MEDIATION IN THE UK ON THE EXAMPLE OF ENGLAND AND WALES

Abstract

The article provides a comprehensive analysis of the experience of introducing the institution of court connected mediation into the legal system of England and Wales (as a single jurisdiction within the United Kingdom), considers the difficulties and obstacles that arose on this path, explores ways to overcome them in practice and analyzes development plans in the direction of harmonization of the mediation procedure with procedural legislation, taking into account the interests of all parties to the process. The importance of adoption of a comprehensive strategy at the state level to encourage courts to make recommendations on the use of mediation, to create a positive image of the effectiveness of this institution, and at the same time to raise awareness of the mediation process itself among specialists in various legal professions and society as a whole. It is also noted the importance of developing and implementing mechanisms that will help deepen skills and abilities, improve the practical experience of the mediator for the quality of his work by: organizing training, conducting accreditation and control. It is generalized that for a high-quality and effective mediation system, it is necessary to attract resources from both the public and private sectors. An example is given of how important it is for the Government of a country interested in the development of judicial mediation, be prepared to allocate part of the costs of the judicial system to administer the compulsory settlement of disputes by court decision, but it is also important to interest the private sector in active participation. Also, the mechanisms that today help mediation to actively develop in the UK due to the achievement of a certain balance between encouraging the parties to use it and the absence of any coercion are considered. It is proved that the success and effectiveness of mediation, first of all, depends on the willingness of all parties to cooperate and compromise.