UNBA splits ADR: mediation now in a separate Committee

The Ukrainian National Bar Association has divided the areas of alternative dispute resolution: mediation issues will be handled by a separate advisory body, while the Committee on alternative dispute resolution will focus on other pre-trial and extrajudicial mechanisms after reorganization.

The relevant order was signed by the President of the UNBA, BCU Lidiya Izovitova.

Louise Romanadze has been appointed chairman of the Committee on mediation. She is president of the Ukrainian Academy of Mediation, co-author of the Law on Mediation and the Code of Professional Ethics for Mediators and has 25 years of experience in the field of law, including more than 15 years in mediation. Advocates who have undergone mediator training in accordance with Article 10 of the Law «On mediation» can become members of the Committee.

The work of the new Committee will focus on the practical implementation of mediation in legal practice: standards for client support in mediation, the role of the advocate in the procedure, legal expertise, and the formalization and enforceability of agreements resulting from mediation. Other priorities include mediation in civil, commercial, family, labor, and administrative disputes; the interaction of mediation with the judicial process; analysis of practices in Ukraine and abroad; and training advocates in mediation skills.

«In many disputes, it is not winning the case that is important to people, but solving the problem. Mediation provides a tool for this, and the advocate ensures that the decision is not an emotional compromise, but a legally sound agreement, - commented L. Romanadze. - So our task is to give advocates a clear, practical standard for participating in mediation: from consulting with the client to reviewing the text of the agreement. This strengthens out-of-court settlements and at the same time removes unnecessary burden from the courts. We want advocates to work confidently with mediation in line with European approaches, in particular taking into account the recommendations of the CEPEJ».

The reorganized UNBA Committee on alternative dispute resolution will continue to oversee the «non-mediative» ADR portfolio, including arbitration, arbitration proceedings, negotiations and other alternative dispute resolution tools.