Mediation In Ukraine Research Articles

Позитивні та негативні аспекти медіації і примирення сторін в адміністративному судочинстві: розмежування та проблеми застосування

The article addresses the issue of distinguishing mediation and reconciliation in administrative proceedings as two key mechanisms of alternative dispute resolution. With the development of legal systems and judicial practice in Ukraine and worldwide, alternative dispute resolution methods have gained special significance. This issue is particularly relevant in administrative proceedings, which focus on conflicts between citizens and the state or its bodies. Since administrative disputes often involve important issues of public interest, alternative methods of resolving such disputes, including mediation and reconciliation, play an important role in achieving a fair balance between private and public interests. However, in practice, questions arise regarding the differences between mediation and reconciliation of the parties. These procedures are often confused, as both involve reaching an agreement between the conflicting parties without resolving the case by a court ruling on the merits. However, each of these methods has its unique characteristics, legal frameworks, and opportunities for use. The purpose of this article is to investigate and provide a detailed analysis of the main differences between mediation and reconciliation in administrative proceedings in Ukraine, as well as assess their legal status and practical effectiveness. It examines the legal foundations of mediation and reconciliation, identifies their key differences and common features, and explores the practical aspects of their application in resolving administrative disputes. The focus is on analyzing the legal regulation of mediation in Ukraine, the role of the judge in reconciliation, and the appropriateness of using these mechanisms to improve the efficiency of administrative justice. An important aspect is the study of foreign experience and the possibility of adapting it to the Ukrainian legal system. Mediation is viewed as a process in which a neutral mediator helps the parties reach a mutually acceptable decision, whereas reconciliation involves the active participation of the court in resolving the conflict. The article also highlights the main problems and prospects for introducing mediation in administrative disputes, including issues of accessibility to mediation for citizens, legal culture, and the need to develop appropriate institutional mechanisms to ensure the effectiveness of this process.

Mediation in Ukraine: historical and legal background and perspectives

In the article, the author reveals the historical prerequisites for the birth and development of the mediation institute on the territory of modern Ukraine. Attention is focused on the prospects for the further development of mediation, the expansion of the practice of its application in Ukraine. It was noted that the law, as a result of the evolution of society and the most effective social regulator tested by thousands of years of experience, is designed to prevent the emergence of acute conflicts in society and to balance the interests of the main segments of the population regarding the use, protection and protection of material goods and intangible values. The dialectics of legal regulation proves that society has historically tried to develop and implement mechanisms to prevent and overcome legal conflicts, realizing that legal conflicts are potentially dangerous for the entire society and for each person. It has been established that the institution of mediation is not new in the system of combating legal conflicts, it was born in the European states of the ancient era and retains its relevance even today. Therefore, it is quite logical to start the scientific study of mediation, its theoretical-legal and practical aspects with the analysis of the historical-legal prerequisites of its emergence in Ukraine and further prospects for its development. The author concluded that the prerequisite for the development of the institution of mediation in all developed legal systems is the awareness of the majority of the international community (states and international organizations) and active consumers of mediation services – participants in international private legal relations - of the effectiveness, convenience and perspective of settling their legal disputes not through numerous courts , and through the mediation of a jointly chosen independent entity – a mediator. The clearest proof of Ukrainian society’s readiness for mediation was the adoption at the national level of a special legislative act «On Mediation», which defines the legal basis and procedure for conducting mediation as an extrajudicial procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his training and other issues, related to this procedure.

Legal security of mediation in Ukraine: shortcomings and prospects for improvement through the prism of the experience of the countries of the European Union

In the content of the article, the author investigated the peculiarities of the legal provision of mediation in Ukraine and the countries of the European Union. Despite the fact that today in legal science, a significant body of scientific works has been formed, which relate to certain aspects of mediation, it is worth noting that the issue of legal support for mediation in Ukraine has not been properly studied scientifically. Modern studies of the legal provision of mediation are especially relevant, given the high degree of its variability in Ukraine. On the basis of a critical analysis of the provisions of Ukrainian legislation in the field of mediation, its shortcomings and prospects for improvement were determined. The following are noted as shortcomings of the legal provision of mediation in Ukraine: a) the absence of provisions that would regulate the issues of mediation procedures, in particular before submitting an appeal to the court, during court proceedings, as well as during the execution of a court decision, etc.; b) inconsistency of its categorical and conceptual apparatus with established legislative terminology (for example, the terms "conflict” and "dispute”); c) inaccuracy of the legal provision of mediation principles; d) superficial, too general regulation of the mediation process itself; e) failure to take into account the European standard of mediation transparency, etc. The analysis of the peculiarities of the legal provision of the EU countries (France, Germany, Italy, Austria, etc.) made it possible to substantiate the prospects for improving the legal provision of mediation in Ukraine. It is summarized that the Ukrainian legislation has experienced legal transformations in the field of mediation, moving from the least effective and least reliable informal model to a specialized model by adopting the framework Law of Ukraine "On Mediation”. In our opinion, the most effective model of legal support for mediation is the specialized model chosen by Ukraine, which, among other things, should be complemented by effective mechanisms of self-regulation of this legal activity through the development and application of acts of the so-called "unofficial law” adopted by professional associations of mediators. The combination of the legal regulation of mediation in Ukraine was noted: a) the typicality of the law "On Mediation”, which established the legal foundation of mediation and regulated the most general and important issues in this area; b) self-regulating mechanisms of mediation, designed to ensure a quick response to the dynamic development of mediation and relations where it should be applied.

Mediation in the Resolution of Tax Disputes: Advantages, Application Experience, Prospects for Implementation in Ukraine

Abstract The aim of this article is to analyze the utilization of alternative approaches for resolving tax disputes across various countries worldwide in order to evaluate the feasibility of introducing such approaches in Ukraine. It provides an overview of mediation, which is considered one of the most efficient methods for alternative dispute resolution. The article also presents a classification of mediation mechanisms employed in different countries. Furthermore, it examines the trends in the feasibility of introducing tax mediation in Ukraine. Lastly, the article suggests a roadmap for implementing judicial mediation as the most comprehensible and effective method for resolving tax disputes.

Поняття та основи правового регулювання інституту медіації: український та зарубіжний досвід

The article is devoted to the concept and legal regulation of the institution of mediation in Ukraine. The authors note that today mediation is one of the most effective ways to resolve conflicts, because the decision made as a result of negotiations or mutual agreement of the parties reflects the true interests of the parties. Modern mediation is one of the methods of out-of-court informal settlement of disputes, such as arbitration, conciliation, arbitration courts, expert evaluation. Mediation can be used both in family disputes and in disputes between large corporations or international disputes as not only an alternative method of conflict resolution, but as the most effective one. The authors, analyzing the concept of mediation, point out that the National legislation contains the definition of the concept of mediation in the Law of Ukraine "On Mediation". The authors note that despite certain differences in definitions, the following characteristic features are decisive for the concept of mediation: the involvement of a third, disinterested, independent person who helps to reach a consensus between the conflicting parties; voluntary participation in the mediation process; confidentiality of the dispute settlement procedure. Also, its non-judicial character is one of the characteristic features of mediation. In the article, the authors note that the adoption of the Law of Ukraine "On Mediation" has its positive consequences, namely: increasing public awareness of mediation as a way of resolving conflicts through negotiations; increasing trust in such an out-of-court method of dispute settlement, thanks to the legal certainty of the mediation procedure, the legal status of the mediator, the rights and obligations of the participants in the mediation procedure, and the outline of the main principles (principles) of its conduct; legalization of the profession of mediator and the corresponding type of activity; determining the mediator's status in interaction with courts, authorities in matters of the mediation procedure; not allowing the mediator to be questioned as a witness regarding the information that became known to him during the participation in the mediation procedure. Legislative regulation of mediation procedures, according to the authors, creates conditions for more active use of this method of conflict (dispute) settlement and their resolution

Ripeness obscured: inductive lessons from Türkiye’s (transactional) mediation in the Russia–Ukraine war

PurposeConventional wisdom tells us that mediation without ripeness is a fool’s errand (Zartman and Touval, 1985). What, then, is Türkiye’s motivation for mediating the war in Ukraine in lieu of ripeness – and what can its behavior as a mediator tell us about that motivation? In pursuit of this question, this paper inductively analyzes Turkish mediation in the Ukraine war to unpack the relationship between a contextual (ripeness) and actor-level (motivation) variable. Of particular interest is the decision-making and behavior of third parties (like Türkiye in Ukraine) who elect to mediate highly complex conflicts in which ripeness is indiscernible. The purpose of this research is not to propose or test a causal relationship between obscured ripeness and mediation, but rather to examine mediation behavior in situations where ripeness is obscured.Design/methodology/approachThe impact of weaponized information on ripeness and third-party mediation is evaluated through an original, systematic and inductive case study analysis of Turkish mediation in the Russia–Ukraine war. As an intense theater of operations for information warfare for well over a decade, the war in Ukraine serves as an especially apt choice for an analysis of “obscured ripeness.” Likewise, Türkiye’s anomalous position as the only substantive source of mediation in the conflict lends significance to an empirical examination of its motivation and behavior as a mediator.FindingsThis research reveals that the pervasive use of weaponized information in the Russia–Ukraine war has distorted and disordered the information environment, thereby obscuring the ability of third parties to determine if the conflict is or could be ripe for mediation. However, the condition of obscured ripeness that prevails in the conflict has not proven a deterrent for mediation by Türkiye, which, as the only mediator in the conflict, has used a transactional approach to mediation motivated by self-regarding interests and animated by a manipulative mediation strategy. In sum, this inductive analysis of Turkish mediation in Ukraine reveals that the use of weaponized information in a conflict indirectly selects on transactional mediation (and mediators). The significance of this finding is magnified by the widespread use of weaponized information in contemporary conflicts as well as the declining frequency of third-party mediation.Originality/valueThere have been few, if any, systematic assessments in Turkish mediation of the Russia–Ukraine war, and none specifically concerned with the effects of weaponized information. Additionally, the paper proposes a typology of mediator motivation that is used to structure that assessment, while also introducing a new concept (“obscured ripeness”) and linking that concept both to the existing literature on ripeness and to the use of weaponized information in contemporary armed conflicts. As such, this manuscript represents an important contribution both to the empirical and theoretical landscape with respect to the study of mediation and international conflict management.

THE LAW OF UKRAINE "ON MEDIATION": THE MAIN ACHIEVEMENTS AND FURTHER STEPS IN THE DEVELOPMENT OF MEDIATION IN UKRAINE Authors

The article is devoted to the study of mediation as an alternative way of resolving social disputes, analysis of the Law of Ukraine "On Mediation". Although mediation is considered to be one of the most popular methods of consensual disputes resolution, for many years mediation in Ukraine was not regulated by law.

Online mediation: international experience and prospects for implementation in Ukraine

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.

MEDIATION IN POST-WAR RESTORATION IN UKRAINE

Background: This article addresses the challenges of developing mediation in Ukraine, the lack of effective coordination between courts and mediators, and issues of low awareness in Ukrainian society about mediation. It is argued that Ukrainian courts and mediation in Ukraine are going concurrent ways so that mediation is not integrated into or reinforcing the court-based litigation system. Meanwhile, the national mediation community must mature through the organization of high-quality interaction with the judicial system. Moreover, the war and post-war period will cause a new workload of civil and commercial disputes that are generally suitable for mediation, especially when the disputants residing in different regions after fleeing from war. This article is aimed at finding sustainable and fast solutions for raising awareness of mediation in Ukrainian society and effective coordination between courts and mediators based on the progress already achieved. Methodology: This article used doctrinal legal research to evaluate the options of cooperation between courts and mediation, empirical analysis to examine judicial system performance and the mediation community status quo, analyse options for closer cooperation of courts and mediators, and find sustainable solutions for promoting mediation. Results and Conclusions: Courts and the mediation community must work together to break the general reliance on traditional litigation; courts should actively promote mediation through sustainable means, and the mediation community should improve the quality control of mediation services, develop a complaint-handling procedure, and further progress with online platforms for choosing a mediator.

Mediation as one of the alternative ways of solving individual labor disputes: expe-rience of foreign countries

The work examines the experience of foreign countries regarding the introduction of mediation as one of the alternative ways of resolving individual labor disputes. It is noted that today mediation as an alternative to litigation is quite developed in foreign practice and is considered one of the effective ways of resolving labor disputes, in particular, it is an effective, financially economical and timely way of reaching consensus, resolving a conflict compared to resolving a dispute in court. The popularity of mediation is due to the fact that, as a pre-trial way of resolving labor disputes, it is one of the means of quickly coordinating the interests of employers and employees, contributes to the achievement of social peace in society, and gives the parties the opportunity to save time and costs associated with the resolution of labor disputes. It is also very important that in foreign countries the mediation process is legally established in the form of laws that regulate not only the process itself, but indicate that the mediation process can be appointed by the court or the parties can voluntarily turn to an institution engaged in mediation, a legally protected by the state, the status of the institution authorized to carry out mediation. It was concluded that the introduction of mediation in Ukraine and its consolidation at the legislative level is a step in the right direction. To date, this is one of the fastest and relatively inexpensive ways to resolve disputes, which is conducted through negotiations and is used exclusively by mutual consent of the parties to the dispute. Its implementation is an effective mechanism for the reconciliation of the parties during the resolution of individual labor disputes with minimal expenditure of financial, time and human resources. The main feature of this procedure and the difference from other methods of dispute resolution is its maximum autonomy, confidentiality and voluntariness, because the decision as a result of conflict resolution comes not from the mediator (or judge or arbitrator, as in the usual dispute resolution procedures), but from the parties to the conflict, and is set out in the agreement of the parties to the dispute based on the results of mediation.

Mediation as an alternative method of dispute resolution: International and national practices in legal regulation

The relevance of the subject under study is conditioned upon the fact that the strengthening of Ukraine’s European integration requires the introduction of new, alternative methods of dispute resolution in national legislation and practice, among which mediation occupies a prominent place, the functioning of which has successfully proven itself in developed European countries. The purpose of this study was to figure out the current state of development of legal support for mediation in Ukraine, to outline prospects for improving legal regulation, considering International and European standards of mediation. The study used a system of general scientific methods of cognition (dialectical method, formal logical method, method of analysis and synthesis), as well as special legal methods (comparative legal method, formal legal method). The authors analysed the international and national practices of legal regulation of mediation in the system of alternative dispute resolution methods. Doctrinal and legislative approaches to the interpretation of the mediation were described, its main advantages in the system of alternative dispute resolution methods were found, types of mediation were outlined, and the content of the main international, European, and Ukrainian regulations governing relations in mediation were covered. It was found that mediation occupies a priority position in the international practices of conflict resolution, since it is much more effective than judicial and administrative forms of protection of rights and legitimate interests. It was proved that the attractiveness of mediation lies precisely in the simplicity and convenience of the procedure, a calm atmosphere of dialogue and the obligation to consider the opinions of all involved parties. It was found that this legal institution is based on voluntariness, confidentiality, impartiality, and neutrality, the possibility for participants to make their own decisions, and the presence of independent support of each participant from the mediator. It was noted that, despite the national legal framework for mediation developed in Ukraine, the outlined sphere of public relations requires improvement of the relevant legal mechanism and the institutional basis for its implementation. The results obtained can be used in further studies, as well as in the development of new and changing the existing regulations that determine the legal basis of mediation in the practice of implementing relevant legislation.

ОСОБЛИВОСТІ ЗАСТОСУВАННЯ МЕДІАЦІЇ У СФЕРІ АВТОРСЬКОГО ПРАВА

The article is devoted to the study of general principles of introduction of mediation as an alternative way of resolving copyright disputes in Ukraine. Today, the Institute of Mediation in Ukraine is under development, which is confirmed by the active research of scientists who emphasize the benefits of mediation and emphasize the need for its introduction. It is established that the use of mediation to resolve conflicts over intellectual property is one of the most promising areas in terms of the development of mediation institutions and the reasons for this. The current state of legal regulation of mediation in Ukraine and mediation procedures in the national legislation of EU member states are analyzed. Among the advantages of mediation are: cost-effectiveness (mediation does not require payment of court fees and other court costs); adoption by the parties of an independent mutually beneficial decision; maintaining confidentiality (important disputes that could potentially damage the business reputation of the parties, especially in intellectual property disputes).

МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНИЙ СПОСІБ РОЗВ’ЯЗАННЯ ТРУДОВИХ СПОРІВ

The article is devoted to the study of mediation as an alternative way of resolving labor disputes. The authors conducted a comparative analysis of the definitions of mediation contained in the Law of Ukraine «On Mediation» and in the relevant laws of Austria, Bulgaria, Spain, Kazakhstan, Lithuania, Malta, Moldova, Germany, Poland and concluded that the legal definition of mediation in Ukraine as a whole takes into account the experience of other countries. The scientific analysis of the term «mediation» allowed the authors to propose their own definition of mediation as an alternative way to resolve labor disputes, according to which mediation - voluntary, alternative way to resolve labor disputes, by negotiating with the involvement a third party (mediator) to achieve a mutually acceptable solution to the dispute. It is argued that the peculiarity of mediation is that, in contrast to the judicial settlement of a dispute, mediation involves the acceptability of the result obtained for all parties to the conflict. The scientific work draws attention to the advantages of mediation over other ways of resolving labor disputes. The features of mediation as an alternative way of resolving labor disputes were also highlighted.

Mediation as an alernative way to resolve economic dispute

Recently, Ukraine has increasingly used the practice of alternative dispute resolution without the use of traditional court procedures, as the established tradition of appealing to government agencies about each conflict has led to an overload of the judiciarysystem. There is an alternative way that can improve access to justice and reduce the burden on the courts –using a method of conflict resolution such as mediation. In the countries of the Anglo-Saxon legal system - the United States, Australia, Europe mediation has been the most common alternative way of resolving disputes for a long time. In the Ukrainian scientific and legal sphere the institute of mediation is not so developed and frequently used, and currently is only at the stage of formation and development. Scientists and legislators have been working for many years to create appropriate conditions for the introduction of mediation in Ukraine: educational work on the content and benefits of mediation, development, expert analysis of draft laws on mediation, providing detailed recommendations, adopting and implementing new regulation acts, special programs are being implemented through the creation of coordination groups, institutes and mediation centers. Therefore, there is a wide range of topical issues regarding the mediation mechanism, which are subject to detailed research and require practical studying.
 This article is devoted to the study of the general principles of the introduction of mediation as an alternative way of resolving economic disputes in the conditionsof updating legislation. The article identifies the main stages of the institution of mediation in Ukraine, the concept and features of mediation as one of the alternative ways to resolve commercial disputes, analyzes national and international regulations in the field of mediation.

ESTABLISHMENT OF THE INSTITUTE OF MEDIATION IN UKRAINE AT THE LEGISLATIVE LEVEL

The article analyzes the legal acts governing mediation in Ukraine. Attention is paid to the stages that the institute of mediation went through before it was established at the level of law. The main steps of making and developing of the Law of Ukraine on Mediation was studied, which includes the preconditions for its adoption, developed legislative initiatives, etc. The analysis of the adopted law, in particular its main provisions, has been carried out. The classification of legal acts regulating mediation in Ukraine, which includes three groups, was carried out. The first group includes sectoral legal acts, among which there are the laws of Ukraine and codes, such as the Criminal Code, and the Civil Code. The second one includes by-laws, most of which are strategies, plans, and concepts. And the third group includes judicial acts, for example, court decisions. The main legal documents regulating mediation in Ukraine were divided into these groups. The main provisions of these acts were studied. The article outlines the main terms related to mediation as a dispute resolution process, such as mediation, mediation agreement, etc. Attention was paid to the study of the activities of non-governmental and public organizations in the field of mediation development. It was determined that these non-governmental organizations play an important role in shaping the system of mediators by providing them with training and advanced training services. Another component of their activities is educational work, the purpose of which is to promote alternative procedures, explain their effectiveness and benefits, and increase public confidence in these methods.

PROSPECTS OF PROVISION OF MEDIATION FUNCTIONS BY NOTARIES IN UKRAINE

The article is devoted to the prospects of providing notaries with mediation functions. The need for a comprehensive study of the prospects for the provision of notary functions of media­tion is due to the systematic reform of this institution in today’s conditions. Undoubtedly, the prospects and problems of providing notaries of Ukraine with mediation functions are currently extremely relevant, as the world experience of the countries of the classical model of notaries has long recognized the implementation of mediator functions as a more effective form. Based on the study of foreign experience in providing notaries with mediation functions and in order to preserve the unity of regulation of notarial activities, the expediency of analyzing amend­ments to the Law of Ukraine “On Notaries” of December 15, 2021 is justified. The purpose of the article analyze and explore the prospects for notaries to provide media­tion functions in Ukraine, consider the stages of the mediation procedure and analyze how they are implemented in notarial practice, in accordance with current legislation of Ukraine govern­ing the institute of notaries and mediation in Ukraine. Profession of notary is most suitable for considering him as a mediator because of the pos­sibility of full consideration of the situation, his potential can be used both in law enforcement and as a mediator. Certain functions of the notary very closely intersect with the functions of the mediator, namely, assistance in protecting the legitimate interests, clarifying the responsi­bilities and rights of clients, the consequences of their notarial acts, thus provides clients with understanding of the consequences of conflict if it exists between the parties. and the final end of the conflict, and what it could lead to. Therefore, the establishment of the functions of a mediator by a notary at the legislative level was only a matter of time. Clarification of both rights and obligations of both parties during the signing, and the conclusion of any contract that will appear after its signing, the legal consequences of the contract is a clear example of the mediation function performed by a notary, even before the law enshrines its rights performing such functions, it is also an example of how interconnected the functions of both these areas of activity.

THE HISTORY OF THE LEGISLATIVE FORMATION OF THE INSTITUTE OF MEDIATION IN UKRAINE

The article analyzes the legal acts governing mediation in Ukraine. Attention is paid to the stages of formation and legislative implementation of the institute of mediation. The way of formation of the Law of Ukraine on Mediation was studied, which includes the preconditions for its adoption, developed legislative initiatives, etc. The analysis of the adopted law, in particular its main provisions, has been carried out. The classification of legal acts regulating mediation in Ukraine, which includes three groups, was carried out. The first group includes sectoral legal acts, among which there are the laws of Ukraine and codes, such as the Criminal Code, and the Civil Code. The second one includes by-laws, most of which are strategies, plans, and concepts. And the third group includes judicial acts, for example, court decisions. The main legal documents regulating mediation in Ukraine were divided into these groups. The main provisions of these acts were studied. The article outlines the main terms related to mediation as a dispute resolution process, such as mediation, mediation agreement, etc. Attention was paid to the study of the activities of non-governmental and public organizations in the field of mediation development. It was determined that these non-governmental organizations play an important role in shaping the system of mediators by providing them with training and advanced training services. Another component of their activities is educational work, the purpose of which is to promote alternative procedures, explain their effectiveness and benefits, and increase public confidence in these methods.

Administrative mediation in the light of institutional transformations in Ukraine

The article highlights the social significance of administrative mediation, which consists in the organization and development of civil society institutions (for example, public associations of mediators), including their public control over public administration as a system of bodies and organizations designed to implement goals and objectives given by the political (representative) power of the state. With the help of administrative mediation, society can legally «signal» to the representative authorities about certain problems in public relations (for example, on the basis of depersonalized statistical information and reports provided by associations of mediators), eliminate and find compromise in overcoming shortcomings of public administration together with the government and, finally, to move the process of modernization of the executive branch towards finding consensus at all levels of interaction between the state and society. The article proposes the author’s definition of «administrative mediation» as an extra- judicial legal form of voluntary settlement of an administrative dispute involving two or more parties, one of which is a subject of power, and a professional mediator arising from a violation of administrative law. The article presents a number of special features and characteristics of administrative mediation, which, unlike other types of mediation, require the application of specific institutions. For instance: inequality of the parties, the dispute is based on the public interest; the principles of confidentiality and voluntariness are relative; complex structure of the mediator’s financial reward; requires the involvement of independent experts; special requirements for the mediator. The article proposes the criteria according to which an administrative dispute can or cannot be resolved through the procedure of administrative mediation. The article proposes a number of legislative initiatives regarding the institutionalization and development of the institution of administrative mediation in Ukraine. Among them, it is proposed to introduce a special section in the Code of Administrative Procedure of Ukraine «Mediation» (as was done in Poland), where, among other things, clearly define the restrictive framework (criteria) for administrative disputes, according to which the procedure of administrative mediation can be applied.

Mediation in the case of a juvenile committing a criminal offense or a felony

As a general rule, punishment should be necessary and sufficient to correct the person and re-educate him. At the same time, a punitive approach prevails in the criminal process in Ukraine. For criminal law, the introduction of the mediation institution determines the development of the legal institution of reconciliation. The article aims to characterize the essence of mediation in Ukraine and study foreign countries' best practices in this field. The object of the study is public relations in the field of mediation in the case of a minor committing a criminal offense or a felony for the first time. The subject of the study is mediation as an alternative to court proceedings in the case of a juvenile committing a criminal offense or a felony for the first time. The authors used some methods of scientific knowledge: analytical, phenomenological, generalization, comparative law. Particular attention in the study is paid to the analysis of the essence of punishment, the study of international experience in the use of mediation, and the practice of mediation in criminal proceedings in Ukraine, which currently takes place only as part of an experiment. The authors conclude that it is essential and urgent to use the mediation procedure more widely in criminal proceedings as an alternative to litigation. It is emphasized that the full implementation of this institution requires political will and broad support from civil society. Namely, his readiness to resolve disputes without a court, but only with the help of a mediator.

Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine

Background: Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained alternative dispute resolution (ADR) development in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine ‘On mediation’ was adopted on 16 November 2021. Methods: The article is devoted to distinctive features of the new Ukrainian legislative mediation regulation that are decisive for the national mediation model, such as the definition and principle of mediation, its principles and scope, requirements for mediators, etc. Special attention is paid to the perspective and challenges for the mandatory mediation in terms of the provisions of Art. 124 of the Constitution of Ukraine and European standards for access to court (para. 1 Art. 6 of the ECHR). The article addresses organisational and procedural aspects of integrating mediation into judicial proceedings. Different models of integrating mediation into the Ukrainian court system piloted in Ukraine are analysed. The authors define current trends in the development of mediation in Ukraine. Results and Conclusions: The authors conclude that the adoption of the Law ‘On mediation’ contributes to the ADR movement in Ukraine but needs some further steps, such as developing a national model of court mediation, the amendment of procedural legislation introducing a special procedure that would lead to the enforcement of agreements resulting from international mediation in commercial disputes, and the adoption of special regulation for integrating mediation into other jurisdictional activities (notariat, system of legal aid).