Mediation Process
Mediation procedure has a certain structure and is based on the principles set forth in Article 4 of the Law of Ukraine “On Mediation”, according to which:
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mediation is conducted by mutual consent of the parties to the mediation;
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consideration is given to the principles of voluntariness, confidentiality, neutrality, independence and impartiality of the mediator;
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the principles of self-determination and equal rights of the parties to mediation.
These principles are applicable to the stage of preparation for mediation.
Legal Framework of Mediation
Legal framework and procedure for conducting mediation as an out-of-court procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his/her training and other issues related to this procedure are determined by the Law of Ukraine “On Mediation” No. 1875-IX dated November 16, 2021.
Mediator's Role and Responsibility
Facilitates effective communication, building and improving relationship between the conflicting parties
Creates environment for constructive interaction in the course of which parties can hear and understand each other's needs
Facilitates negotiation process to find mutually acceptable solutions
Characteristic Features of Mediation
Mediation is a structured negotiation.
Mandatory participation of mediator.
Mediator does not represent either party.
Mediator assists the parties in finding a mutually acceptable solution
Mediator does not impose a solution or give advice.
The parties actively seek a solution on their own.
Mediation is a special type of negotiation with the mediator playing a key role.
The best way to resolve disputes in case of
Lack of communication between the parties.
Inability to negotiate directly due to emotions.
Need to avoid publicity and preserve reputation.
Doubts that the court will satisfy the parties' interests.
Necessity to maintain trusting relationship.
Quick and effective dispute resolution needed.
Seeking to avoid recurrence of the conflict in future.
