THE USE OF MEDIATION PROCEDURES FOR RESOLVING CORPORATE DISPUTES IN CORPORATIONS

Abstract

The article deals with the mediation procedure in the corporate law. The concept of corporate conflict, its structure and the possible motivation of the entry of people in these conflicts are disclosed in the article. It also focuses on the difference between corporate conflicts and disputes, and their specificity is considered. These concepts are covered in detail in order to prove the feasibility of mediation use in resolving them. The procedure of mediation, methods and techniques of the mediator for working with corporate conflicts are also considered in the article. The advantages of this procedure as an alternative method of dispute resolution are noticed. Some references to the normative legal acts regulating the activity of the mediator are given. Mediation is analyzed as a multifunctional and universal phenomenon. Basing on these features of the mediation procedure it is possible to conclude that this procedure is convenient in practical application and has a number of positive properties. Its practical applicability is noted not only at domestic corporate level, but also at the international level. The aim of the article is to show that the sphere of corporate relations is the most fertile ground for the development of alternative, non-judicial ways of resolving conflicts. Corporate relations is the sphere of cooperation between the sides and arising disputes should be resolved with great precaution so that they would not lead to stagnation of the corporation as a whole.