Abstract
<jats:p>The relevance of the topic is substantiated by the fact that today there are many reasons to turn to out-of-court forms of conflict resolution, among which the institution of mediation occupies a special place. Mediation as a reconciliation tool has a long history, and the reconciliation procedures themselves became possible thanks to the person’s legal agency through the break with the clan-based social order developed naturally. These reasons indicate the need for a deep and detailed study of the history of mediation using panoramic and chronological criteria. The purpose of the scientific article is to provide a comprehensive understanding of the historical origins of mediation and the specifics of its implementation in modern corporate practice as a conflict management tool. To achieve this purpose, the following methods of scientific inquiry were used: the method of historical analysis; the method of generalization and systematization; the method of systems analysis; and the functional method. An overview of the emergence and development of mediation in its modern understanding is provided, and differences between mediation schools of the Anglo-Saxon and Romano-Germanic legal families are analyzed. The process of introducing reconciliation procedures in Ukraine is examined (using as an example the institution of dispute settlement with the participation of a judge introduced into the Civil Procedure Code of Ukraine), and conclusions are drawn regarding its effectiveness. Trends in mediation in business relations in Ukraine are identified, since, against the background of problems with the enforcement of decisions and low public trust, the corporate sector is transforming into an environment in which people perform better due to internal incentives (career, contractual, reputational, economic, etc.), and mediation potentially forms a local legal culture of honoring agreements, which over time may scale through the labor market, professional communities, and corporate governance standards. Taking historical retrospectives into account, it is determined that a current trend in Ukraine is the shift from the normative consolidation of the institution of mediation to a managerial approach to conflict management. Therefore, an important direction of scholarly challenges should be the question of how exactly mediation functions within the management system. It is emphasized that contemporary corporate practice increasingly uses mediation as a management tool. In the corporate context, it is particularly important to distinguish mediation as a private voluntary procedure from the judicial procedure of dispute settlement. Accordingly, the functions of mediation in the management system are aimed at reducing various types of risks (legal, personnel-related, reputational, etc.), supporting organizational development, ensuring high-quality HR management, and strengthening corporate governance. The prospects for further research lie in developing applied models for integrating mediation into the corporate governance system of Ukrainian enterprises, in examining the industry-specific features of applying mediation in the private sector, as well as in studying the criteria for assessing its effectiveness in the activities of organizations.</jats:p>