Concepts and fundamentals of legal regulation of mediation institute: ukrainian and foreign experience

: 437- 442

Solomia Vasyliv, Ivanna Dobrianska "Concepts and fundamentals of legal regulation of mediation institute: ukrainian and foreign experience".

Educational and Scientific Institute of Law, Psychology and Innovative Education Lviv Polytechnic National University
Lviv Polytechnic National University

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

  1. Sophie Tkemaladze (2017) Mediation in Georgia: from tradition to modernity. Retrieved from: (accessed 23.09.2023). [in English].
  2. Kyselova T. (2010) Yak vse pochynalosia: istoriia zarodzhennia i rozvytku mediatsii. Pro mediatsiiu abo yak shvydko vyrishyty koflikt bez zvernennia do sudu. [How it all began: the history of the origin and development of mediation. About mediation or how to quickly resolve a conflict without going to court]. Ukrainskyi Tsentr Mediatsii pry Kyevo-Mohylianskii Biznes-Shkoli. 13 p. Retrieved from: (accessed 23.09.2023). [in Ukrainian].
  3. Directive 2008/52/EC Of The European Parliament and Of The Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Official Journal of the European Union. Retrieved from: (accessed 23.09.2023). [in English].
  4. Pro mediatsiiu: Zakon Ukrainy vid 16.11.2021 № 1875-IX. [On mediation: Law of Ukraine]. Retrieved from: (accessed 23.09.2023). [in Ukrainian].
  5. Pro zatverdzhennia Derzhavnoho standartu sotsialnoi posluhy poserednytstva (mediatsii) Nakaz Ministerstva sotsialnoi polityky Ukrainy vid 17.08.2016 r. № 892 [Order of the Ministry of Social Policy of Ukraine on approval of the State Standard of Social Mediation Services]. Retrieved from: (accessed 23.09.2023). [in Ukrainian].
  6. Pro alternatyvne vyrishennia sporiv. Ukrainskyi tsentr mediatsii [About alternative dispute resolution. Ukrainian Mediation Center]. Retrieved from: (accessed 23.09.2023). [in Ukrainian].
  7. United Nations Convention on International Settlement Agreements Resulting from Mediation. Retrieved from: commissionsessions/51stsession/Annex_I.pdf (accessed 23.09.2023). [in English].
  8. Advokat ta mediatsiia (2022). [Lawyer and mediation]. Kh. FAKTOR-MEDIA. 112p. [in Ukrainian]
  9. Ievropeiska konventsiia pro zdiisnennia prav ditei vid 25.01.1996 r. [European Convention on the Implementation of Children's Rights dated January 25, 1996]. Retrieved from:: (accessed 23.09.2023). [in Ukrainian].