Mediation In Civil Matters Research Articles

ПРАВОВЕ РЕГУЛЮВАННЯ МЕДІАЦІЇ: ДОСВІД УКРАЇНИ ТА ЄВРОПЕЙСЬКИХ ДЕРЖАВ

Attempts to legally regulate the mediation procedure in Ukraine are analyzed. The shortcomings of some draft laws "On Mediation" are highlighted, including: the lack of a procedure for the transfer of disputes within the competence of state bodies; omission of provisions that would establish the content of the legal consequences of mediation for both the parties and for public authorities. Important progressive changes aimed at development of institute of mediation in Ukraine are: bringing the current legislation of Ukraine on alternative dispute resolution in line with European Union standards and implementing the provisions of Directive 2008/52/EC of the European Parliament and of the Council into national legislation of Ukraine, that will create conditions for the work of mediators in the single European legal space; improving legal mechanisms to ensure the right of a person to protect his rights and freedoms by allowing the parties by voluntary agreement, on the basis of common interests, to resolve disputes quickly and effectively through negotiations and mutual understanding. The definition of the term "mediation" under Recommendation Rec (2002)10 of the Committee of Ministers to member States on mediation in civil matters and Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters is investigated. In order to implement the provisions of these European acts, the Member States of the European Union have adopted special national laws on pre-trial and judicial mediation. The legal regulation of mediation in Germany demonstrates the promotion of a peaceful settlement of the dispute by including various incentives for the parties, establishing the obligation of the mediator to provide training and advanced training. As a result of the analysis of the legal consolidation of the mediation procedure in Poland, a characteristic feature - the creation of an institutional and legislative basis for ensuring a mechanism for monitoring the quality of mediation services - was identified. A review of the legal provision of mediation in France, where the conciliation service is provided by victims' associations and by private mediators accredited by the local prosecutor, who have entered into a contract with the Ministry of Justice, was conducted. It is proposed to amend the draft Law of Ukraine “On Mediation” № 3504, with provisions concerning citizens' awareness of the level of professionalism of mediators and control over the quality of their activities.

Mediations with the participation of family members with domestic violence problem – possibilities and barriers

It is increasingly common in Poland to resolve conflicts by way of constructive methods. Mediation as one of such methods does no longer solely refer to juvenile matters from which it actually started in Poland. Due to its numerous positive aspects it is conducted in various areas of Polish people’s lives: politics, religion, education, etc. Researchers seek also an answer to the question as to whether it is reasonable to apply it in the matters involving the persons deprived of liberty. It seems that in the case of certain offences it is substantially less applicable than in others. As an example, a considerable controversy sparks off when domestic violence perpetrators take part in mediation, which is why the objective of the article consists in pondering upon possibilities and barriers of their participation in mediation meetings both in the civil and penal matters. Accordingly, the term “domestic violence” is defined and the specificity of conflicts accompanying violence is covered then. Nevertheless, the emphasis is put on the analysis of mediation in civil matters – family and penal matters with the participation of persons deprived of liberty in accordance with the Article 207 of the Polish Penal Code.

Amicable Dispute Resolution: сравнение польской и российской правовой перспективы

The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.