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DOI 10.37749/2308-9636-2020-1(205)-1

 

Hermakivska I. D. Mediation: european experience, ukrainian realities and prospects

Тhe lack of consolidation and legislative regulation of mediation in the system of Ukrainian legislation is the reason for the narrowing of the spectrum of alternative ways of resolving disputes in comparison with the EU Member States. Taking into account the pro-European policy of Ukraine and relying on current legal realities, we aim to formulate the concept of introducing mediation into the legal system of Ukraine on the basis of research and use of European experience in this field as a basis. The article outlines the basic principles of mediation recognized by European countries and proposes the best ways to solve the problem of the lack of legislative consolidation of mediation as a subject of corporate law.

Key words: mediation, alternative dispute resolution, European legislation, mediation agreement, mediation agreement implementation.

 

References

1. Belousov B. Prospects for the development of mediation in Ukraine // Lawyer and Law. 2014. № 25. URL: http://www/kisilandpartners/com/content/files/article_belousov_uz_liga_rus/pdf.

2. Haydenko-Sher N. I. Mandatory mediation: the experience of Italy // Court of Arbitration. 2012. № 1. P. 156—165.3. Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part. URL: https://zakon.rada.gov.ua/laws/show/984_011.

3. Directive 2008/52 / EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters. URL: https://zakon.rada.gov.ua/laws/show/994_a95.

4. Draft Law of Ukraine of December 17, 2015 No. 3665 «On Mediation URL: http://search.ligazakon.ua/l_doc2.nsf/link1/JH2TT00V.html.