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Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine

Summary: 1. Introduction. – 2. A Long Way to Legislative Regulation: Main Achievements of the Law ‘On mediation’. – 3. Mandatory Mediation and Constitutional Provisions. – 4. Integration of Mediation into Judicial Proceedings. – 4.1. Organisational aspects of integration. – 4.2. Procedural aspects of integration. – 5. Conclusions: Current Trends in the Development of Mediation in Ukraine.

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Abstract

 

AJEE Collection of Articles on Mediation

 

 

Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained alternative dispute resolution (ADR) development in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine ‘On mediation’ was adopted on 16 November 2021. 

 


The article is devoted to distinctive features of the new Ukrainian legislative mediation regulation that are decisive for the national mediation model, such as the definition and principle of mediation, its principles and scope, requirements for mediators, etc. Special attention is paid to the perspective and challenges for the mandatory mediation in terms of the provisions of Art. 124 of the Constitution of Ukraine and European standards for access to court (para. 1 Art. 6 of the ECHR). The article addresses organisational and procedural aspects of integrating mediation into judicial proceedings. Different models of integrating mediation into the Ukrainian court system piloted in Ukraine are analysed. The authors define current trends in the development of mediation in Ukraine. 

 


The authors conclude that the adoption of the Law ‘On mediation’ contributes to the ADR movement in Ukraine but needs some further steps, such as developing a national model of court mediation, the amendment of procedural legislation introducing a special procedure that would lead to the enforcement of agreements resulting from international mediation in commercial disputes, and the adoption of special regulation for integrating mediation into other jurisdictional activities (notariat, system of legal aid). 


About Authors

Tsuvina Tetiana

Dr. Sc (Law), Associate Professor of Civil Procedure Department, Yaroslav Mudryi National Law University, Ukraine 

t.a.tsuvina@nlu.edu.ua  
https://orcid.org/0000-0002-5351-1475

Corresponding author, responsible for the conceptualization and writing original draft of the article. Competing interests: No competing interest were disclosed. 

Disclaimer: Dr Tsuvina declares no conflict of interest of relevance to this topic, although she serves as a Managing Editor of the journal; thus, she was not involved in decision-making, and this note underwent the full process of peer review and editing. Although the author serves in AJEE, which may cause a potential conflict or the perception of bias, the final decisions for the publication of this note, including choice of peer reviewers, were handled by other editors. 

Vakhonieva Tetiana

Dr. Sc (Law), Professor of Labor Law Department, Taras Shevchenko National University of Kyiv, Ukraine 

vakhonieva@knu.ua 
https://orcid.org/0000-0002-3495-3622

Co-author, responsible for the data curation and editing.
Competing interests: No competing interest were disclosed. 
Disclaimer: Dr Vakhonieva declares no conflict of interest of relevance to this topic


Copyright: © 2022 T Tsuvina, T Vakhonieva. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Managing Editor – Dr. Olena Terekh. English editing – Dr. Sarah White.

References

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2. Komarov V, Tsuvina T, ‘International standard of access to justice and subject of civil procedural law’ (2021) 28 (3) Journal of the National Academy of Legal Sciences of Ukraine 197-208 DOI: 10.37635/jnalsu.28(3). 

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9. Van Rhee CH, ’Mandatory Mediation before Litigation in Civil and Commercial Matters: A European Perspective’ (2021) 4(12) Access to Justice in Eastern Europe 7-24 DOI: https://doi. org/10.33327/AJEE-18-4.4-a000082. 

10. Silvestri E, Jagtenberg R, ‘Tweeluik – Diptych: Juggling a Red Hot Potato: Italy, the EU, and Mandatory Mediation’ (2013) 17(1) Nederlands-Vlaams Tijdschrift voor Mediation en Conflictmanagement 29-45. 

11. Tsuvina T, Serhieieva A, ‘Comprehensive Analysis of the Current Situation, Barriers and Possibilities of Mediation Development: with Recommendations for the Promotion and Implementation of Mediation in Ukraine’ (2019). 

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14. Transparency and Efficiency of the Judicial System of Ukraine: Materials for Training Mediators from the Circle of Judges of the Supreme Court of Ukraine, Higher Specialized Courts and Representatives of Higher Education Institutions in the Framework of the Joint Program of the European Union and the Council of Europe (20-25 March 2011). 

 

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Keywords

  • mediation; court mediation; mandatory mediation; mediator; Ukraine

How to cite it?

  • T Tsuvina, T Vakhonieva ‘Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine’ 2022 1(13) Access to Justice in Eastern Europe 142-153. DOI: https://doi.org/10.33327/AJEE-18-5.1- n000104