Journal article Open Access

The Nature of Mediation Procedure and the Ways of its Implementation in Ukraine

D.V. Dzhyha

The article deals with the essence of mediation procedure as one of alternative ways to solve a legal dispute. The institute of mediation is not new for legal science, but it is not well known for Ukrainian law system. There are no doubts that the court has a significant role for solving legal disputes, but alternative ways of resolution like mediation have numerous advantages. Particularly, mediation contributes to decrease a workload for the courts and shorten the time for consideration of the case.
Introduction of mediation institute as one of the ways to solve disputes into national practice will a certain step to bring effective Ukrainian legislation in line with the standards of European Union and Implementation of Directive 2008/52/EU. This underlines necessity of scientific development and topicality of this issue.
Significant attention has been paid to research of international experience regarding this institute particularly using US and Polish examples. Positive experience of this institute in countries with different law system allows to conclude that mediation as an alternative dispute resolution will be also attractive in Ukraine.
The article has analyzed the main types of mediation procedure. A proposal on possible introduction of mediation in civil proceeding has been made. The author has focused on the necessity to introduce mediation before the court and in the court. It has been mentioned in the article that in civil procedure it is essential to have external mediation which is carried out by professional mediators who receive certain practice. At the same time, it is possible to have in court mediation which will be carried out free of charge.
The author draws attention that effective legislation does not regulate the procedure of mediation which creates obstacles for persons when they exercise their right to protection of their rights, freedoms and interests. Moreover, regulation of mediation in legislation will shorten the length of civil, commercial, family and labor trials as well as decrease the workload of the courts.

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