Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding

Oleksandr, Drozdov; Oleh, Rozhnov; Mamnitskyi, Valeriy

doi:10.33327/ajee-18-4.3-n000082

Cited by 4 publications

(2 citation statements)

References 3 publications

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“…The judicial system and mediation in Ukraine followed parallel paths and therefore mediation was not integrated into the judicial system and did not strengthen it (Romanadze, 2022). In addition, the judicial system has not yet fully recognized the significance of this phenomenon, its role in establishing the rule of law and access to justice (Drozdov et al, 2021).…”

Section: Legal Consolidation Of the Mediative Form Of Protection In I...mentioning

confidence: 99%

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2022

Law. Human. Environment

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Рекомендовано до друку та поширення через мережу Інтернет Вченою радою Національного університету біоресурсів і природокористування України (протокол № 4 від 23 листопада 2022 р.) Свідоцтво про державну реєстрацію друкованого засобу масової інформації серії КВ 25123-15063 ПР від 17 лютого 2022 р. Журнал входить до переліку наукових фахових видань України Категорія «Б». Галузь наук -юридичні, спеціальності -081 «Право», 293 «Міжнародне право» (наказ Міністерства освіти і науки України від 17 березня 2020 р. № 409) Журнал представлено в міжнародних наукометричних базах даних, репозитаріях та пошукових системах:

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Section: Legal Consolidation Of the Mediative Form Of Protection In I...mentioning

confidence: 99%

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2022

Law. Human. Environment

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Section: Legal Consolidation Of the Mediative Form Of Protection In I...mentioning

confidence: 99%

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

Deineha¹

2022

Law. Human. Environment

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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.

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Alternative ways of resolving legal disputes and their application in Ukraine

Zarosylo

Kaplya

Muraviov

et al. 2021

JNALSU

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Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive

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Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding

Cited by 4 publications

References 3 publications

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

Alternative ways of resolving legal disputes and their application in Ukraine

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