“Scire leges non hoc est verba earum tenere, sed vim ac potestatem”, 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 (Ukrainian Parliament) “About Mediation» № 2480 from 27.03.2015 and bill № 3665 from 17.12.2015.
According to the information provided on the Ukrainian parliament’s website, each of these bills was sent for revision. It is the fact, that during the period when the court system cannot get in time, 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 is the most acceptable outcome / resolution of the dispute for all parties. In essence, mediation is an act during which the parties agree yielding. 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 related to the protection of intellectual property rights. Such disputes can last for years and lead to material loss or damages. If the parties resort to mediation, the decision can take much less time and material resources.
Mediation has just begun to develop in Ukraine, but there are mediation centers and public organizations. It is just the beginning, but with purposeful work, lengthy litigation can be transformed into the mediation process.
Contact:
Denys Voitiuk
Corporate services consultant, Accace Ukraine
