Should Mediation be Regulated?

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Should Mediation be Regulated?

Our mediator Olena Bilozor commented on the article in "Yuridicheskaya Practika" regarding the necessary legal regulation of mediation:

🗨️ "I believe there are several aspects that need to be regulated by law.

➡️ Firstly, we have to provide a definition of mediation and principles on which it is based: voluntary participation, confidentiality, self-determination of the parties, impartiality and neutrality of the mediator. These principles are at the heart of mediation, which distinguish it from other ways of resolving disputes and ensure the necessary level of its effectiveness.

➡️ Secondly, we need to establish the obligation of mediators not to disclose information received from the parties. As a result, Article 67 of the Commercial Procedural Code of Ukraine and Article 70 of the Civil Procedural Code of Ukraine forbidding the questioning of a mediator as a witness will get fully operational. This will protect all parties to the process and, as a consequence, significantly increase trust to mediation as a way to resolve disputes.

➡️ Thirdly, in my view, it is important to give judges the authority to recommend mediation to the parties in the dispute. I would not like to say that they should have the right to recommend a specific mediator, but they should be able to tell the parties to attend mediation. This will increase awareness of mediation and allow the parties to substantially reduce the costs and time to resolve a dispute. "



See the full text of the commentary and the commented article in Russian here.