Mediation in Ukraine: Main Achievements & Further Steps in a Time of Crisis, Tetiana Tsuvina

Overcoming the Mediation Paradox: Ideas, Challenges, Good practice | International Scientific Conference | Mykolas Romeris University, Vilnius, 2023 November 21
The Law on Mediation in Ukraine was adopted in 2021, though some of the first pilot schemes have been envisaged since 1997. The law enshrines the classic facilitative process and provides that a mediator can be anyone who has passed the basic 90-hour mediation course. The challenges that exist today might be classified as follows: lack of regulation of the mediator profession, ineffective methodology for the referral of cases from the courts to mediation, and lack of special education for judges and mandatory mediation provisions. Ukraine’s support for mediation was pledged by the latest change to the Constitution, which explicitly provides that the law may provide for a mandatory pre-trial dispute resolution procedure even though it is not currently in practice. As the war continues, it is natural to observe an increasing number of conflicts within society. This stimulates the need to ensure specialized training for mediators, to strengthen capacities for remote mediation and to ensure ongoing financial support for the development of mediation.