2.4. Медіація: від законопроекту до практики її впровадження

In this scientific work analysis of the Law of Ukraine “On Mediation” is given, proposals for its improvement are made.
The Law of Ukraine «On Mediation» as well as any other normative act aimed at regulating public relations, we must recognize that it
must have specific limits of action both in terms of scope and range of persons, rights and responsibilities which it should influence and the settlement of which it is aimed.
The issues concerning the scope of application of the Law of Ukraine «On Mediation», in particular, not only to resolve any conflicts
(disputes), but also to prevent their occurrence are analyzed. However, the authors emphasize that conflicts cannot be equated with disputes and prove that mediation cannot be conducted in certain categories of conflicts, and that special conditions and methods of resolving them can be used to resolve certain conflicts.
In this regard, the authors proposed to amend Article 2, 17 of the Law. This proposal will clarify that there are general rules for mediation, and the law may provide for special rules for mediation. The authors also clarified, based on the analysis of Part 2 of Art. 3 of the Law, mediation can be conducted:
– and during the consideration of the case by the court, due to the addition of Art. 49 of the Civil Procedure Code of Ukraine and the following provisions: «7. The parties may reconcile, including through mediation, at any stage of the proceedings, etc .;
– until the execution of the court decision, as the parties are not prohibited from conducting mediation after the court decision.
Emphasis is placed on the need to resolve conflicts in the settlement boundaries of mediation in time. Attention is also paid not only to the legal but also to the psychological aspect of mediation. The issues of the procedure itself, the procedure of mediation, methodology, tariff policy for the payment of mediators and the need to regulate these issues in the Law are studied.
Much attention is paid to the preparation of mediators for their professional activities with an indication of certain areas. Thus, the question arises about the possibility and expediency of endowing a notary with the function of mediators and the ability of the Notary Chamber of Ukraine to train mediators and so on. This is an analysis of the requirements that a mediator must meet both in terms of education and the composition of his character.
In order to improve this Law, the authors made a number of proposals and formulated versions of the relevant norms.