Mediation institute as a form of dispute resolution in the sphere of environmental and land relations

Abstract

The article studies the institution of mediation as an alternative form of resolving environmental conflicts and land disputes in Ukraine. The article states that anthropogenic disturbance of the state of the environment of Ukraine creates environmental problems that cause the emergence of a significant number of environmental conflicts. It is proven that in the process of implementing the right to land ownership, land use rights, and good neighborliness, situations often arise that require pre-trial resolution of land disputes.

The article substantiates the feasibility of using the institution of mediation as one of the most optimal methods of resolving environmental conflicts and land disputes through negotiations. It is established that the institution of mediation as an alternative form of resolving land disputes acquires special significance in the context of the approximation of Ukrainian legislation to the legislation of the European Union.

The article studies the concept of mediation as an alternative method of resolving environmental and land disputes and establishes the main features of the above-mentioned institution. The advantages of mediation as a form of resolving land disputes, which are built on the principles of voluntariness, confidentiality, neutrality, and independence, are established.

It has been proven that in order to improve the legal regulation of mediation in the field of environmental and land relations in Ukraine, it seems appropriate to supplement the provisions of land and environmental legislation with the concepts: “mediation in the field of land relations”, “mediation in the field of environmental relations”. The feasibility of supplementing the Law of Ukraine “On Environmental Protection” with the provision: “participation of citizens in the process of resolving environmental disputes through mediation” has been established.