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Mediation – the way of the alternative solution of disputes in Ukraine

23 Dec 2016

 

Mediation - the way of the alternative solution of disputes in Ukraine

“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.

 

If you have any question, please, feel free to contact us. We will be pleased to help you!

 

Contact:

Denys Voitiuk

Corporate services consultant, Accace Ukraine

Denys.Voitiuk@accace.com

+380 445693310


Read more about Ukraine:
  • The President of Ukraine signed the IT industry development Law
  • Changes to the foreign trade contracts in Ukraine

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Originally established in Central and Eastern Europe in 2006, Accace ranks among the leading outsourcing and consultancy providers in the region. Engaging over 600 experts, we have vast experience with handling small to large scale, multi-country outsourcing projects and providing a comprehensive range of our services to over 2,000 customers.

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Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience. Covering almost 40 jurisdictions with over 2,000 professionals, we support more than 10,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 170,000 pay slips globally.

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