Mediation - the way of the alternative solution of disputes in Ukraine
"Scire leges non hoc est verba earum tenere, sed vim ac potestatem", which literally means the following: "Knowledge of the laws is not understanding the words, but the understanding of the meaning".
There are two bills under consideration by the Verkhovna Rada "About Mediation» № 2480 from 27.03.2015 and bill № 3665 from 17.12.2015.
According to the information provided on the Verkhovna Rada’s website, each of these bills was sent for revision. Not taking into account the fact that the bills were sent back for revision, please pay attention to the more important fact, that during the period when the court system cannot get in time, because of the reforms in the sphere of justice, in order to protect all we can use the mediation.
Firstly, let us define the concept of mediation. According to the Art. 2 bill № 2480 from 27.03.2015, mediation is an alternative way of resolving disputes by which two or more parties to the dispute are trying, within a structured process, independently, on the basis of good faith to solve their dispute with the mediator’s help.
So, we can say that mediation is an alternative way to a third party in the dispute. For what is mediation procedure directed? As you may have noted before - the purpose of mediation in the most acceptable outcome / resolution of the dispute for all parties. In essence, mediation is an act during which the parties agree yielding which can give way and winning there where they could lose. It should be noted that in some areas, the use of mediation is much more effective than litigation, as an example is the result in disputes relating to the protection of intellectual property rights. Such disputes can be in duration for years and lead to material loss or damages. If the parties resort to mediation to dispute, the decision can take much less time and material resources.
Mediation has just begun to develop in Ukraine, but there are mediation centers, public organizations. It is just the beginning, but with purposeful work, lengthy litigation can be transformed into the mediation process.