The law on mediation will bring justice to European standards - V. Sytyuk

Mr Vladislav Sytyuk, Chairman of the UNBA Committee on mediation, managing partner of Vladislav Sytyuk and Partners Law Office, believes that the adoption in the first reading of the draft law "On mediation" is an important step towards the improvement of access of citizens to justice and bringing Ukraine closer to European standards. The above draft law was passed in the Parliament on 3 November.

The effectiveness of a mediation procedure has been recognized by the European community which encourages its implementation as the primary method of alternative dispute resolution at a pre-trial stage or during the trial, which is reflected in the Association Agreement between Ukraine and the EU and the European Atomic Energy Community and their Member-states.

It should be noted that the draft law reflects three main principles of mediation procedure that distinguish it from the negotiations and from any other method of dispute settlement. This includes independence and neutrality of mediator, confidentiality of information obtained during the mediation, as the excessive standardization poses a danger to the mediation procedure. These principles are enshrined in the European Code of Conduct of Mediator and are used by the European community of mediators during the mediation procedure.

Also, one of the positive aspects of the draft law is the right of a judge or arbitrator to draw parties’ attention to a possibility of conducting mediation at all stages of the court proceedings. The implementation of these provisions in practice can provide a quick solution at the lowest cost for the parties to disputes in civil and commercial (economic) relations and also in some categories of criminal cases.

We cannot ignore the fact that the draft law adopted in the first reading includes guarantees that mediator cannot be forced to give testimonies in court or arbitration regarding circumstances that became known to him in connection with the duties of a mediator, except when it is required for the protection of interests of children or for the prevention of harm to the physical or psychological health of a person, or where disclosure of contents of a contract following the outcome of mediation is required for the performance of the contract. These provisions also apply to criminal proceedings, where mediators cannot be questioned as witnesses about the circumstances which they learned in connection with the duties of a mediator.

It should separately be noted that the state should guarantee the implementation of arrangements reached by parties as a result of mediation. Arrangements reached by parties should be set out in writing and have the status of an executive document or acquire such status in court in the summary procedure.

The adoption of the draft law as a whole will become a legal foundation of the institute of mediation, which will facilitate the efficient dissemination of culture of peaceful settlement of disputes in society and make mediation the best alternative to litigation.