господарський спір

Exhorting for the resolution of commercial disputes without going to court, the current legislation of Ukraine is characterized by different approaches to fixing and defining the categories of «pre-trial» and «out-of-court» of the dispute. Thus, the Constitution of Ukraine and the Commercial Procedural Code of Ukraine attach the possibility of pre-trial settlement of disputes.

The article analyzes mediation as an alternative way of resolving disputes in commercial litigation. The different views of scientists on the definition of mediation and the legal status of the
mediator are analyzed. The problems of legal support in Ukraine of this extra-judicial procedure of
settlement of economic disputes are clarified and the ways of overcoming them are grounded in the light of foreign experience.