LEGAL BASIS AND EFFECTIVENESS OF MEDIATION IN THE RESOLUTION OF COMMERCIAL DISPUTES

Abstract

. The article comprehensively examines the legal basis for the use of mediation in the resolution of commercial disputes, defines its place and role in the modern justice system, and outlines the potential of this tool for improving the effectiveness of judicial protection of the rights of business entities. Particular attention is paid to clarifying the legal nature of mediation as a voluntary, impartial, structured, and confidential process based on the active participation of the parties, their autonomy in decision-making, and a focus on peaceful dispute resolution. The paper reveals the content of the basic principles of mediation and shows their practical significance for the business environment.

The regulatory framework governing the use of mediation in Ukraine is analyzed, in particular the provisions of the Law of Ukraine «On Mediation», the provisions of the Commercial Procedure Code of Ukraine regarding the possibility of suspending proceedings for mediation, as well as the provisions of Directive 2008/52/EC, which define European standards in the field of alternative dispute resolution. A comparative analysis of Ukrainian legal regulation and foreign models of mediation is carried out, which makes it possible to identify further directions for improving the national ADR system.

The article highlights the key advantages of mediation for business entities: significant reduction of financial costs, avoidance of lengthy court proceedings, preservation of partnership and contractual relations, prompt decision-making, minimization of communication barriers, and reduction of conflict between the parties. The importance of the principle of confidentiality, which ensures the security of commercial information and promotes trust in the procedure, is separately substantiated. An analysis of international experience is provided, demonstrating a trend towards the widespread use of mediation in commercial disputes and confirming its high effectiveness, with 60% to 80% of cases successfully settled in various jurisdictions.

Based on the research, it is concluded that the active introduction and promotion of mediation in commercial proceedings is part of the modernization of justice in Ukraine, aimed at improving the efficiency of the judicial system and ensuring its accessibility for business. Mediation is seen as a comprehensive legal and social institution that integrates communicative, economic, and legal mechanisms for dispute resolution. Its development will not only help reduce the burden on the courts, but also shape a new legal culture focused on constructive dialogue, partnership, and responsibility of the parties.