Legal, Social and Cultural Prerequisites for the Development of ADR Forms in Lithuania and Ukraine

Nekrošius, Vytautas; Вебрайте, Вігіта; Izarova, Iryna; Prytyka, Yurii

doi:10.15388/teise.2020.116.1

Cited by 4 publications

(2 citation statements)

References 3 publications

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“…Publications of the project results are fully open access, including the collection of papers from the seminar 3 and the articles. 4 The final studies were published in a collection of articles in Ukrainian at the end of the second year of this project. 5 The following main outputs were achieved during the implementation of this project: 1) an effective international EU-Lithuania Project on ADR development; 2) the selection of the most effective models of ADR for resolving disputes that arise at the national (Ukraine or Lithuania), cross-border (Ukraine and Lithuania) and pan-European (Ukraine and EU Member States) levels; 3) deepening of knowledge about effective models of Lithuanian ADR and their applicability in Ukraine.…”

Section: Final Results Recommendations and Future Perspectivesmentioning

confidence: 99%

About the Joint Ukrainian-Lithuanian R&D Project ‘Strengthening of Alternative Dispute Resolution in Lithuania and Ukraine: Finding the Cross-Border Solution’ and Its Results for the Period of 2020-2021

2021

AJEE

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Section: Final Results Recommendations and Future Perspectivesmentioning

confidence: 99%

About the Joint Ukrainian-Lithuanian R&D Project ‘Strengthening of Alternative Dispute Resolution in Lithuania and Ukraine: Finding the Cross-Border Solution’ and Its Results for the Period of 2020-2021

2021

AJEE

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“…In many countries today, various models of court-annexed mediation are successfully operating and developing, facilitating the direct integration of mediation procedures into the structure of civil proceedings. 4 As a result of amendments to the Constitution of Ukraine, 5 the provision on unlimited judicial jurisdiction was changed. From now on, in accordance with Art.…”

Section: Introductory Remarks On Mediation Development In Ukrainementioning

confidence: 99%

Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding

Oleksandr

Oleh

Mamnitskyi

2021

AJEE

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In this note, the authors identify some problems concerning the introduction of mediation in Ukraine in terms of its use in the consideration and resolution of court cases. Despite the lack of clear legal regulation for mediation, courts in Ukraine still try to use this mechanism of pre-trial dispute resolution. Particular attention is paid to the law enforcement activities of courts in criminal and administrative cases, in which courts try to equate the conciliation procedure with the mediation procedure. These approaches clearly follow from the Resolutions and Recommendations of the Committee of Ministers of the Council of Europe and the settled case-law of the European Court of Human Rights (ECtHR) since, back in 1975, the ECtHR in its decision Golder v. The United Kingdom ruled that it is unlikely that the rule of law can be imagined without access to justice. However, the presumption that the courts are the main institution for resolving disputes continues to be undermined by the proliferation of alternative forms of dispute resolution, both agreement-based and judicial.

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Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine

Tsuvina¹,

Vakhonieva²

2022

AJEE

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Background: Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained alternative dispute resolution (ADR) development in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine ‘On mediation’ was adopted on 16 November 2021. Methods: The article is devoted to distinctive features of the new Ukrainian legislative mediation regulation that are decisive for the national mediation model, such as the definition and principle of mediation, its principles and scope, requirements for mediators, etc. Special attention is paid to the perspective and challenges for the mandatory mediation in terms of the provisions of Art. 124 of the Constitution of Ukraine and European standards for access to court (para. 1 Art. 6 of the ECHR). The article addresses organisational and procedural aspects of integrating mediation into judicial proceedings. Different models of integrating mediation into the Ukrainian court system piloted in Ukraine are analysed. The authors define current trends in the development of mediation in Ukraine. Results and Conclusions: The authors conclude that the adoption of the Law ‘On mediation’ contributes to the ADR movement in Ukraine but needs some further steps, such as developing a national model of court mediation, the amendment of procedural legislation introducing a special procedure that would lead to the enforcement of agreements resulting from international mediation in commercial disputes, and the adoption of special regulation for integrating mediation into other jurisdictional activities (notariat, system of legal aid).

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Legal, Social and Cultural Prerequisites for the Development of ADR Forms in Lithuania and Ukraine

Cited by 4 publications

References 3 publications

About the Joint Ukrainian-Lithuanian R&D Project ‘Strengthening of Alternative Dispute Resolution in Lithuania and Ukraine: Finding the Cross-Border Solution’ and Its Results for the Period of 2020-2021

About the Joint Ukrainian-Lithuanian R&D Project ‘Strengthening of Alternative Dispute Resolution in Lithuania and Ukraine: Finding the Cross-Border Solution’ and Its Results for the Period of 2020-2021

Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding

Law of Ukraine ‘On Mediation’: Main Achievements and Further Steps of Developing Mediation in Ukraine

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