On November 16, 2021, the Verkhovna Rada passed a law which for the first time establishes the legal basis and procedure for mediation in Ukraine.
In accordance with its provisions, mediation is recognized as a voluntary, non-judicial, confidential, structured procedure, in which the parties with the help of mediator(s) try to resolve the conflict (dispute) through negotiations.
The law, among other things, regulates the following issues related to the mediation procedure:
- general provisions and principles of mediation;
- procedure for obtaining mediator status, his/her rights and obligations;
- rights and obligations of the parties to the conciliation procedure;
- peculiarities of the conciliation procedure in the form of mediation.
Mediation can be used to resolve conflicts (disputes) arising in civil, family, labor, economic, administrative legal relations, in criminal proceedings at the conclusion of agreements on reconciliation between the victim and the suspect, the accused, as well as in other areas of public relations.
It should be noted that mediation can be conducted at different stages of dispute resolution: both before going to court, arbitration or international commercial arbitration, and during court, arbitration proceedings, as well as during execution of court decisions.
The law enters into force the next day after its publication.
How SCHNEIDER GROUP can help
SCHNEIDER GROUP attorneys in Ukraine provide services of litigation support and claim out-of-court dispute resolution. They are ready to advise you on the possibility of application of conciliation and dispute resolution procedures, including mediation.