THE LAW OF UKRAINE "ON MEDIATION": THE MAIN ACHIEVEMENTS AND FURTHER STEPS IN THE DEVELOPMENT OF MEDIATION IN UKRAINE

Abstract

The article is devoted to the study of mediation as an alternative way of resolving social disputes, analysis of the Law of Ukraine "On Mediation". Although mediation is considered to be one of the most popular methods of consensual disputes resolution, for many years mediation in Ukraine was not regulated by law. This was one of the obstacles that held back the development of alternative dispute resolution in Ukraine, despite the growth of the mediation community. On November 16, 2021, the Law of Ukraine "On Mediation" was adopted. The article is devoted to the distinctive features of the new Ukrainian legislative regulation of mediation, which are decisive for the national model of mediation, for example, the definition and principles of mediation, its principles and scope, requirements for mediators, etc. in accordance with Article 124 of the Constitution of Ukraine and European standards of access to justice (part 1 of Article 6 of the ESAJ). The article deals with the organizational and procedural aspects of the integration of mediation into the trial. Various models of integration of mediation into the Ukrainian judicial system, which have been tested in Ukraine, are analyzed. The current trends in the development of mediation in Ukraine are determined. The current trends in the development of mediation in Ukraine are defined. Modern trends of strengthening the interaction of mediation and the judiciary allow to highlight judicial mediation, which is integrated into court proceedings and is provided with the assistance of the court. In general, the development of a strategy for the integration of mediation into court proceedings concerns two main aspects: organizational, which is related to the development of an optimal model of judicial mediation, and procedural, which is focused on procedural features of such integration. It is concluded that the adoption of the Law "On Mediation" contributes to the development of alternative disputes resolution in Ukraine, but requires further steps, such as the development of a national model of judicial mediation, amendments to the procedural legislation with the introduction of a special procedure that would lead to compliance with agreements, arising in connection with international mediation in commercial disputes, and the adoption of special rules for the integration of mediation into other jurisdictional activities (notary, legal aid system).