Mediation in civil proceedings during the COVID-19 pandemic

Abstract

The article deals with the problems of implementation of the mediation procedure in civil proceedings and the technical possibilities of distance mediation, prospects for implementation, as well as the legal and social consequences of using this method of dispute resolution during the COVID-19 pandemic. The authors emphasize the importance and necessity of using distance mediation, especially during the COVID-19 pandemic, as it allows resolving civil cases without a health risk. Emphasis is placed on what difficulties may arise in choosing this particular way for resolving the dispute and possible ways to overcome them. It is noted that many problems arise, primarily due to the fact that mediation has not yet found its place in a separate law. The article gives a detailed analysis of how a mediator can ensure the confidentiality of the procedure and which his actions are possible if it is impossible to conduct it remotely. In contrast to mediation, which due to the flexibility of the procedure can take place remotely, a parallel is drawn with the traditional dispute resolution, in courts, as well as the reasons for the ineffectiveness of distance format in choosing this method and the advantages of mediation in this case. It is spoken in detail about the issue of conducting mediation in other countries and shown the conclusions, which summarize the solutions for overcoming problems, their effectiveness and experience for Ukrainian mediators, which can be borrowed from foreign professionals. Examples of solving the problems, caused by the pandemic, in distance mediation considered by the examples of France, the United Kingdom, and some states of the United States. The article draws attention to the fact that civil cases are best resolved through the mediation procedure, and under quarantine - remotely. It is emphasized that civil cases often meet all the criteria of the eligibility for mediation in contrast to criminal, economic, administrative cases and cases of administrative torts.