MEDIATION AS A MODERN WAY OF RESOLVING CONFLICTS UNDER THE CONDITIONS OF THE MARTIAL STATE

Abstract

The article is devoted to the study of mediation as an alternative way to resolve social conflicts, an analysis of the Law of Ukraine "On Mediation". The attention is updated on the main advantages of mediation as a way to resolve social conflicts in the context of the war between Ukraine and Russia. The Law of Ukraine "On Mediation" is a framework, as it contains the main definitions, the scope of application, established principles of mediation, defines the status of mediators, the rules of mediation, and its legal consequences. Currently, there is no mandatory procedure for pre-trial settlement of disputes through mediation, although the definition of the categories of disputes for its implementation is already actively underway. Measures are being taken to introduce judicial mediation, in particular, judicial mediation is being piloted in several courts. Mediation is one of the main social services that can be provided free of charge to persons/families who are in difficult life circumstances, as specified in the Law of Ukraine "On Social Services". This article discusses the problems of the development of mediation in Ukraine, the lack of effective coordination between courts and mediators, and the problems of low public awareness of mediation. It is argued that the Ukrainian courts and mediation in Ukraine follow parallel paths, therefore mediation is not integrated into the judicial system of litigation and does not strengthen it. Meanwhile, the national mediation community should be formed through the organization of high-quality interaction with the judicial system. Moreover, martial law and the post-war period will cause a new congestion of the courts with civil and commercial disputes, which in general could be resolved through mediation, especially when the disputers live in different regions of Ukraine or Europe after leaving the occupied or front-line territory as a63 result of military aggression from the side of Russia. This article aims to find sustainable and quick solutions to raise awareness of mediation in Ukrainian society and effective coordination between courts and mediators, building on the progress already made.