Integration of Mediation into Ukrainian Court System: Policy Paper

Kyselova, Tatiana

doi:10.2139/ssrn.3054519

Cited by 5 publications

(4 citation statements)

References 6 publications

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“…The study by T. Kyselova (2017) and L.Zh. Romanadze (2017) was conducted during the existence of the said draft law, but the content of the rules in the draft and adopted versions of the codes is similar; therefore, for this study, it appears prudent to present the opinion of these researchers regarding the advantages and risks (difficulties of implementation) of the model of dispute settlement with the participation of a judge, which was proposed by the legislator.…”

Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

“…The experience of European countries indicates that mediation can be used not only to resolve a dispute that has already been referred to a competent court for review but is also useful in many disputes that are sensitive to future relationships and carry reputational risks (for example, labour, family, and corporate disputes), and can be used at any stage of dispute resolution (Protiven, 2018). In particular, T. Kyselova (2017) and L.Zh. Romanadze (2017), conceptually exploring the principles and procedures of integration of mediation (in its various manifestations) into the judicial system of Ukraine, form the following types of judicial mediation: voluntary mediation with a mediating judge and dispute resolution procedure with a judge.…”

Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

“…In the initial version, the model allowed the judge who participated in settlement of the dispute between the parties to make a decision on the case (Rules of procedure…, 2018). Kyselova and Romanadze also state that in a modified format, this model was included in the Draft Law on Amendments to the Civil, Commercial, and Administrative Procedural Codes (Kyselova, 2017).…”

Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

See 2 more Smart Citations

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Tykhanskyi¹,

Khotynska-Nor

Vasylyna

et al. 2021

Int. J. Criminol. Sociol.

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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.

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Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

Section: Settlement Of a Civil Dispute With The Participation Of A Judgementioning

confidence: 99%

See 1 more Smart Citation

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Tykhanskyi¹,

Khotynska-Nor

Vasylyna

et al. 2021

Int. J. Criminol. Sociol.

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“…Як зазначає Кисельова Т. С., юристи дійсно відчувають загрозу своєї професії з боку медіаторів і намагаються конкурувати з медіаторами, які не є юристами, шляхом набуття навичок з медіації та інтеграції медіації в юридичну практику [4] [6]. Навчання правничим професіям у навчальну програму не входить.…”

Section: виклад основного матеріалуunclassified

Робота Адвоката Із Запобігання Виникнення Або Врегулювання Конфлікту Шляхом Переговорів Під Час Виконання Судових Рішень

Рабовська,

Авсієвич

2024

Наше право

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Professional Peacemakers in Ukraine: Mediators and Dialogue Facilitators Before and After 2014

Kyselova

2017

KMLPJ

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Based on the findings of qualitative empirical study, this article reveals that, in contrast to most violent conflicts in the world, the Ukrainian context is distinguished by the presence of a selforganized, self-aware and skilled local professional communities of mediators and dialogue facilitators. The article analyses each professional community and concludes that Ukrainian mediators and dialogue facilitators are capable to serve as independent actors in peacebuilding process, guiding their international colleagues and the government as for the best practices of mediation and dialogue. At the same time, both communities still experience pains of professional growth such as making choices between core methods and societal roles and they need external support. Additionally, the 2014 crisis has brought some opportunities concerning increased funding for mediation and dialogue, and the top-down pressure of the international community for greater use of these tools. These opportunities have, in turn, triggered some challenges such as an increased competition for funding and ideological tensions between "the peacemakers" and the other groups of Ukrainian civil society inspired by the military discourse.

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Integration of Mediation into Ukrainian Court System: Policy Paper

Cited by 5 publications

References 6 publications

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study

Робота Адвоката Із Запобігання Виникнення Або Врегулювання Конфлікту Шляхом Переговорів Під Час Виконання Судових Рішень

Professional Peacemakers in Ukraine: Mediators and Dialogue Facilitators Before and After 2014

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