MEDIATION AS A BASIC SOCIAL SERVICE: THE POWERS OF LOCAL GOVERNMENT BODIES

Abstract

The authors of the article aims to conduct a thorough study of mediation as a basic social service through the prism of the powers of local government bodies. It was noted that mediation is one of the 18 basic social services. Accordingly, the provision of the social service of mediation is mandated to be ensured by local government bodies, given its status as a «basic social service». In scientific research, the authors used an interdisciplinary approach,, which allowed the chosen issue to be disclosed based on the theoretical and applied achievements of jurisprudence, social work, and conflictology. The research goal was facilitated by the application of philosophical methods (dialectical, anthropological, analysis, synthesis, induction, deduction, etc.), general scientific methods (system analysis, structural-logical, ascent from the general to the specific, analogy, generalization, etc.), and special scientific methods (formal-dogmatic, comparative-legal, socio-legal, etc.). In contemporary national science, there are no substantial works that reveal the value of mediation as a basic social service, the mutual influence of the right to the social service of mediation, and the obligation of local government bodies to facilitate the realization of this right, primarily by ensuring the provision of the service to individuals/families in need. A clear understanding by all subjects of the social service provision system of the powers of local government bodies (as authorized bodies in the field of social service provision) in the field of mediation, their legal foundations, problematic aspects of implementation, development prospects, etc., will undoubtedly contribute in practice to both the effective provision of the social service of mediation and its organization and delivery. The authors summarized that the status of mediation as a «basic social service» entails the obligation of local government bodies to facilitate the realization of the right to mediation, taking into account the needs of each recipient of the social service, and to ensure the provision of the service as close as possible to the residence of individuals/families in need, i.e., to care for the accessibility of mediation. This is possible provided that all powers be longing to local government bodies as authorized persons in the field of social service provision are effectively exercised.