Online mediation: international experience and prospects for implementation in Ukraine

Abstract

The article discusses the problems of online mediation in Ukraine. The article analyzes the legislative regulation of mediation. As well as the use of online methods for the lawsuits resolution, which can significantly reduce the burden on the judicial system and ensure access to justice for all citizens under martial law and pandemic conditions (COVID-19). In the context of the pandemic, the introduction of online mediation becomes especially relevant, as it aims not only to simplify the process of lawsuits resolution, but also to ensure the preservation of citizens’ health. «The guidelines for preparing and conducting online mediation" adopted by the CA "NAMU" were analyzed. Created by the professional community of mediators as a response to the challenges that arise in the daily legal professional activities of mediators, such as: new circumstances, lack of legislation, etc. And distributed in order to provide support for safe professional practice. Determined the main factors of the prospects for the rapid development of alternative lawsuits resolution methods under digitalization and martial law in Ukraine.
 An analysis of the international legal regulation of online mediation has been carried out. It has been researched that the European legal system is aimed at encouraging the parties in lawsuits to use proper legal procedures to resolve the legal dispute, but not only in court. An analysis of the challenges of online mediation, which the mediator and participants face when conducting mediation in this format, has been carried out, as well as the advantages and disadvantages of online mediation in Ukraine have been determined. The ethical principles for online lawsuits resolution are set to find a wider audience as stakeholders in ODR systems become more expansive and inclusive. Different ways to improve the legislative regulation of online mediation by making additions to the Law of Ukraine "Mediation" are proposed.