REGARDING THE CREATION OF THE REGISTER OF MEDIATORS IN UKRAINE: THEORETICAL AND LEGAL ASPECT

Abstract

With the adoption of the Law of Ukraine "On Mediation" at the end of 2022, a new stage of implementation of this institute in the social and legal life of the country began. Before the adoption of the law, the lion's share in the popularization and application of this method of alternative dispute resolution belonged to numerous public organizations, which played the role of ambassadors of mediation as a mean of opposing judicial review of a conflict (dispute). Nowadays, the current Law of Ukraine "On Mediation" establishes the standards of training and education of mediators, the principles of the mediation procedure and other key aspects of mediation. However, it is too early to put a dot at the settlement of this issue because the practical implementation of the legislative act requires overcoming new urgent challenges, one of which is the discussion on the feasibility of creating a single state Register of mediators. Undoubtedly, the introduction of the institution of mediation and ensuring the quality of mediation services and assistance to the population in any country requires proper professional training of mediators and adherence to mediation rules. Therefore, the issue of regulating the profession of mediator is extremely important. It’s known that the main principle of the legal regulation of mediation is to ensure the necessary standards of mediation with minimal state interference in these relations, give the disputing parties the most complete freedom to exercise their rights both when agreeing to mediation as an alternative to the court and when choosing a mediator. The mediation procedure itself is based on the free self-determination and expression of the parties’ will, voluntary and conscious responsibility for their words and actions and, ultimately, for the outcome of the dispute.

Excessive regulation of mediation procedures can limit these possibilities and nullify its main advantages. At the same time, when the activity of mediators is supported by the state with the purpose of organizing legal regulation, giving this activity more legitimate character, and spreading its application to all possible spheres, the state thereby ensures the minimal necessary guarantees of the legality of this activity. This scientific article is dedicated to the initiative of creating the Register of mediators as evidence of proper state regulation of this field.