Parliament adopts bill on mediation (alternative dispute resolution) in first reading

Дата: 03 November 2016
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The Verkhovna Rada of Ukraine has adopted in the first reading a bill No. 3665 on mediation, an alternative (non-judicial) settlement of disputes with the assistance of a mediator who helps parties to the conflict to establish communication process and to analyze the conflict situation so that they could choose the version of the decision, which would satisfy the interests and needs of all the parties to the conflict.

The corresponding decision was supported by 238 MPs, 112 Ukraine TV channel reports.

According to the explanatory note to the document, its purpose is to introduce at the legislative level the institution of mediation in Ukraine “by implementing the best European and world standards of mediation.” The draft law defines the legal framework of mediation services on a professional basis, the spread of the practice of peaceful settlement of disputes by non-judicial means for the purpose of decreasing the load on courts and ensuring a balanced relationship between mediation and judicial system.

As the document authors note, the bill is based on the principle of minimum intervention of the state in the regulation of the institution of mediation as “an excessive state-legal regulation can negate all the benefits of mediation as an effective dispute settlement process.” The project also establishes the principles of voluntary participation, equality, activity, and self-determination of the parties to mediation and ensures the freedom of a mediator in the choice of methods of mediation.

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