The procedure includes preparation and joint or individual meetings. Together with the mediator, the parties choose a convenient format and pace of work — in person or online. Specialists and experts may be involved if needed.
Mediation does not deprive the parties of the right to go to court, but it often has significant advantages over court proceedings.
The procedure and principles of mediation in Ukraine are defined by the Law of Ukraine “On Mediation” dated 16 November 2021, No. 1875-IX.
The parties decide for themselves whether participation in mediation is appropriate and may withdraw from the procedure at any time.
Everything discussed during mediation is not subject to disclosure. This helps avoid public disclosure of both the details of the conflict and the very fact that it exists. The mediator cannot be questioned as a witness regarding information obtained during the course of mediation.
Together with the mediator, the parties set the schedule of meetings and are therefore not tied to the court’s working schedule.
A conflict situation may include aspects that cannot be resolved through court. Alternatively, during negotiations, new issues may arise that are important to the parties but cannot be brought before a court. Mediation allows such issues to be discussed and makes it possible to reach agreements that better take into account the interests and needs of the parties than a possible court decision.
During mediation, the parties independently shape their agreement in a safe and confidential setting. The process is flexible and focused on a practical outcome.
Agreements jointly developed during mediation increase the likelihood that the parties to mediation will voluntarily comply with the decision they have reached.
The parties independently develop and adopt a mutually acceptable decision on how to resolve the conflict situation, unlike in court, where a binding decision is made for the parties based solely on the provisions of the law.
The cost of a mediator’s services is usually lower than court expenses. In some cases, mediation may be conducted free of charge.
A conflict can be resolved through mediation much faster than through court proceedings, which may involve several instances.
Working together to resolve a conflict situation allows the parties to preserve, restore, and sometimes even expand and deepen their relationship.
Negotiations with the participation of a mediator help minimize the level of stress caused by the conflict and allow individuals not only to preserve but also to restore their physical and psychological resources.
A mediator is a specially trained, neutral, independent, and impartial negotiator who conducts the mediation procedure and helps the parties reach an agreement.
The mediator’s role is to manage the process, support constructive dialogue, and help the parties independently develop a mutually acceptable solution.
of basic mediator training
of practical training
after confirmation of competencies
