On November 3 the Verkhovna Rada of Ukraine adopted the draft law No. 3665 "On mediation". It provides the definition of the term "mediation", defines the basic principles of mediation, legal framework procedure, the conditions for obtaining the mediator status, etc. See more details on Legal League.
The draft law defines “mediation” (alternative (extrajudicial) dispute settlement method by which two or more parties to the dispute are trying to reach an agreement to resolve their dispute within the framework of the structured procedure involving mediation) and "mediator" (an independent mediator who helps parties to the dispute resolve it through mediation).
It also defines the basic principles of mediation, legal framework procedure, the conditions for obtaining the mediator status, features of mediation in judicial or arbitral proceedings, mechanisms for monitoring the quality of service mediation.
The authors of the project say that it is based on the principle of minimum state intervention in the regulation of mediation. So, the principles of voluntary participation, equality, activism and self-determination of the parties to the mediation, the mediator freedom in the choice of methods of mediation are established.
Limiting the scope of the mediation cannot be applied in cases, where parties are unable to conclude a settlement agreement or conciliation agreement in accordance with the current legislation of Ukraine.
The law also establishes rather strict requirements of the organizations providing mediation, associations of mediators. In particular, it provides the possibility to challenge actions/omissions of mediators in specific cases; responsibility of mediators; the need for and compliance with voluntary codes of ethics for mediators; disclosure of information to public citizens, etc.
It is assumed that enterprises and organizations maintain rosters of mediators with the aim of enabling consumers of mediation services to select a mediator for a specific case. Together these registers make up the General Registry of Mediators in Ukraine.
The draft law will be finalized till the second reading, including the consideration of the draft law No. 3665-1 “On mediation”.