CURRENT ISSUES OF LEGAL REGULATION OF MEDIATION IN UKRAINE

Abstract

The article is devoted to a comprehensive analysis of topical issues of the legal regulation of mediation in Ukraine as an institution of alternative dispute resolution in the context of transformative changes in the national legal system and its European integration orientation. It is stated that the adoption of the Law of Ukraine “On Mediation” in 2021 constituted a fundamentally important stage in the formation of a modern regulatory framework which, in general, corresponds to European standards and international practices of peaceful conflict resolution. Attention is drawn to the fact that the legislative consolidation of mediation has created the necessary legal prerequisites for its integration into civil, family and commercial proceedings; however, the actual practice of applying this institution remains fragmented and limited. It is emphasised that the key restraining factors include an insufficient level of legal culture and legal awareness among dispute participants, the absence of systematic and standardised training for mediators, as well as weak institutional support from the state and the professional community. It is noted that further harmonisation of Ukrainian legislation with the provisions of EU Directive 2008/52/EC and the UNCITRAL Model Law is a necessary condition for ensuring the effectiveness, predictability and public trust in mediation procedures.

At the same time, particular emphasis is placed on the importance of ethical and professional standards in mediators’ activities, as these standards foster the parties’ trust in the procedure and guarantee compliance with the principles of justice, confidentiality, voluntariness and impartiality. The role of scholarly works by Ukrainian researchers, in particular V. Yu. Horelova, is revealed in the conceptualisation and systematisation of the ethical foundations of mediation, and their significance for the formation of a sustainable professional culture in this field is determined. It is established that the development of online mediation requires additional legal, organisational and technological support, especially in the context of the digitalisation of the legal system and the growing prevalence of remote forms of interaction. The conclusion is substantiated that mediation has strategic importance for the formation of a new legal culture based on dialogue, partnership and responsibility, and that its further development is capable not only of reducing the burden on the judicial system, but also of promoting the consolidation of European values in the sphere of conflict resolution.