MEDIATION AND CYBERSECURITY IN THE DIGITAL GOVERNANCE SYSTEM: CURRENT CHALLENGES AND PROSPECTS

Abstract

The article examines the interrelationship between mediation and cybersecurity in the context of the development of digital governance. It is substantiated that, alongside its significant benefits, the digitalization of public administration generates new types of legal conflicts related to personal data protection, the use of digital platforms, cyber incidents, the functioning of information and communication systems, and electronic public services. It is established that current approaches to ensuring cybersecurity are predominantly focused on technical, organizational, and legal measures, whereas the potential of alternative dispute resolution mechanisms, particularly mediation, remains insufficiently explored. The article analyzes the legal and regulatory framework of Ukraine in the areas of mediation, cybersecurity, and digital transformation, as well as the approaches adopted by the EU, Estonia, Singapore, the United Kingdom, and the USА to integrating alternative dispute resolution mechanisms into the digital environment. The main challenges of the current regulatory framework are identified, including the absence of a specific legal status for online mediation in the field of cyber-related disputes, insufficient information security requirements for platforms used to conduct mediation, and the lack of comprehensive regulation governing the use of artificial intelligence and electronic evidence in mediation proceedings. The article proposes considering mediation as one of the elements of ensuring the cyber resilience of the state and as a component of the digital governance system. The emerging field of «cyber mediation» is analyzed and proposed as a specialized form of mediation aimed at resolving conflicts arising in the digital environment or related to the use of information and communication technologies, while ensuring a high level of information security and confidentiality. The feasibility of establishing a state system of secure online mediation integrated with digital governance services is substantiated. Such a system could contribute to increasing citizens’ trust in digital public services, strengthening cyber resilience, and developing a modern model of e-democracy.