Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine
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 com...
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| Format: | Article |
| Language: | English |
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VD Dakor
2022-02-01
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| Series: | Access to Justice in Eastern Europe |
| Subjects: | |
| Online Access: | https://ajee-journal.com/upload/attaches/att_1643449305.pdf |
| _version_ | 1818470677857959936 |
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| author | Tsuvina Tetiana Vakhonieva Tetiana |
| author_facet | Tsuvina Tetiana Vakhonieva Tetiana |
| author_sort | Tsuvina Tetiana |
| collection | DOAJ |
| description | 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).
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| first_indexed | 2024-04-13T21:40:21Z |
| format | Article |
| id | doaj.art-f88e5d2fc88d4c099d822c8f7f585914 |
| institution | Directory Open Access Journal |
| issn | 2663-0575 2663-0583 |
| language | English |
| last_indexed | 2024-04-13T21:40:21Z |
| publishDate | 2022-02-01 |
| publisher | VD Dakor |
| record_format | Article |
| series | Access to Justice in Eastern Europe |
| spelling | doaj.art-f88e5d2fc88d4c099d822c8f7f5859142022-12-22T02:28:47ZengVD DakorAccess to Justice in Eastern Europe2663-05752663-05832022-02-01 5 (13)14215310.33327/AJEE-18-5.1-%20n000104Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in UkraineTsuvina Tetiana 0https://orcid.org/0000-0002-5351-1475Vakhonieva Tetiana 1https://orcid.org/0000-0002-3495-3622Dr. Sc (Law), Associate Professor of Civil Procedure Department, Yaroslav Mudryi National Law University, UkraineDr. Sc (Law), Professor of Labor Law Department, Taras Shevchenko National University of Kyiv, UkraineAlthough 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). https://ajee-journal.com/upload/attaches/att_1643449305.pdfmediation; court mediation; mandatory mediation; mediator; ukraine |
| spellingShingle | Tsuvina Tetiana Vakhonieva Tetiana Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine Access to Justice in Eastern Europe mediation; court mediation; mandatory mediation; mediator; ukraine |
| title | Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine |
| title_full | Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine |
| title_fullStr | Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine |
| title_full_unstemmed | Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine |
| title_short | Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine |
| title_sort | law of ukraine on mediation main achievements and further steps of developing mediation in ukraine |
| topic | mediation; court mediation; mandatory mediation; mediator; ukraine |
| url | https://ajee-journal.com/upload/attaches/att_1643449305.pdf |
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