IMPLEMENTATION OF MEDIATION TO THE LEGAL SYSTEM: INTERNATIONAL EXPERIENCE AND PROSPECTS OF INSTITUTIONALIZATION IN UKRAINE

  • M. Lazarenko Master of Law. Taras Shevchenko National University of Kyiv

Abstract

Abstract. The judicial system of each state plays an important role in regulation of public relations.
The effectiveness of the judicial system is characterized by the ability to protect human
rights and freedoms according to the law. As for the Ukrainian judicial system, throughout the period of independence it is exposed to constant changes and reforms. Despite the constant interference
in the judiciary with a view to reform by the legislative and executive branches of
power and with the public, today Ukrainian courts have many problems, the main ones are violating
the terms, low professionalism of judges, overload by lawsuits etc. Al of these leads to
violations of the law, the inability to adequately protect human and civil rights, distrust in the
judiciary, various kinds of abuse and, consequently, ineffective judicial system as a whole.
One of the solutions to the problem of congestion of the courts is the introduction and development
of alternative, non-judicial dispute resolution mechanisms, among which a special place
occupies the mediation, which solving disputes by involving independent party which called the
mediator.
Mediation in one form or another has been around for thousands of years, although legislative
consolidation in most developed countries, including the US and UK, was only in the late
twentieth century. This institution has acquired development and expansion because of big problems
in the judicial system of the United States in 1970-s, which could not been solved otherwise
than by introducing more efficient dispute resolution mechanisms, and the urgent need for solving
the problems of the judiciary was the driving force behind the development of mediation by
its regulation in law and full support from the state. The effectiveness of the introduction of mediation
was obvious, and since the end of the twentieth century it began to spread around all over
the world. Today methods used in mediation is quite popular and legally regulated in many developed
countries, including the US, UK, Canada, Australia, New Zealand, the Netherlands,
Italy and so on. Mediation was also introduced in the Russian Federation, where in 2010 was
adopted the Federal Law «On alternative dispute settlement procedure involving intermediary
(mediation)», which came into force in January 2011.
Despite the efficiency, prevalence and regulation of mediation in many countries, it is new for
legal science Ukraine, it is unexplored phenomenon for Ukrainian law system. Introduction of
mediation in Ukraine is necessary process and for its effective regulation and for practical implementation
we should borrow the positive experience of other countries.
Key words: Alternative Dispute Resolution, mediation, models of mediation, judicial reform,
legal regulation, mediation prospects in Ukraine, integration in the court system.
Published
2015-11-10