the Law on Mediation

The Verkhovna Rada of Ukraine (the VRU) has adopted the Law on Mediation. The given law spells out legal grounds and order under which mediation as a non-judicial procedure to settle a conflict (dispute) is conducted.

Generally, the legislative procedure in connection with this Law has been underway for 18 months. In fact, this is the period of time between the first and second readings. Taken the aforementioned, the content of the draft law in the first reading and content of the adopted Law have certain differences. Thus, significant amendments to the content of the draft law are the following:

• expanded purpose of mediation which specifies two goals or, to be more specific, during the procedure parties are trying to prevent a conflict (dispute) or settle it. In other words, mediation has started to perform a preventive function rather than only regulative
• specified list of stages at which mediation may be conducted by adding a stage of pre-trial investigation to reconcile the victim and the suspect
• provided for that mediation does not influence the period of limitation
• simplified requirements to persons who can become mediators (a degree from a higher educational institution is not required)
• application of the Law to persons who had been equipped with basic skills of the meditator before the Law came into effect, with respective certificates confirming this fact.

Generally, the mediator may not issue an award on merits of a conflict (dispute) between parties to mediation. This being said, parties may go beyond the subject of the conflict (dispute) in their agreement following mediation. Information about mediators will be entered into open registers on the Internet.

The law has also introduced changes to a number of procedure codes in terms of possible application of mediation during the trial. Thus, parties to a case may file a motion with a court regarding non-judicial settlement of a dispute via mediation. In such a case the court may suspend proceeding for the period of mediation but not more than 30 days after the day on which a respective order is made.

At the same time, mediation can also be conducted during the pre-trial investigation, though the Law does not introduce any changes to provisions of the Criminal Code of Ukraine, which may result into certain collisions in practice.

Thus, mediation in its essence must become an alternative to public courts. However, considering imperfect nature of provisions of the Law, its implementation may fail to achieve objectives pursued by mediation.