Mediation in Ukraine

LEGAL BASIS MEDIATOR REQUIREMENTS MEDIATORS' ORGANISATIONS PROJECTS AND INITIATIVES

LEGAL BASIS

Mediation has existed for almost 30 years in Ukraine, during which a large number of practicing mediators have been trained, rich experience in using mediation to resolve various conflicts has been accumulated, and a powerful pool of mediation experts has been created. The development of mediation was not hindered too much by the long absence of a special law, which was eventually prepared with the participation of Ukrainian mediators and adopted on November 16, 2021 (Law of Ukraine “On mediation” original Ukrainian / unofficial English translation).).

The Law of Ukraine “On mediation” is a framework law, as it contains the main definitions, the scope of its applicability, established principles of mediation, defines the status of mediators, rules of mediation, and its legal consequences.

Separate norms regarding the possibility of reconciliation of the parties to the dispute through mediation are included in the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine, and some other branch laws. The court informs parties considering the possibility of dispute settlement though mediation and suspends the proceedings in the case for the time of mediation process, and in case of reconciliation of the parties, it may return up to 60% of the paid court fee.

Mediation can be conducted for the settlement of any conflicts (disputes), including civil, labour, economic, administrative cases, also in cases of administrative offenses and in criminal proceedings with the aim of reconciling the victim with the suspect (accused).
Mediation can be conducted before filling a motion in court, arbitration court, international commercial arbitration or during a pre-trial investigation, court, arbitration proceedings, or during the implementation of a court, arbitration court or international commercial arbitration decision.

For the time being no mandatory pre-trial dispute settlement procedure through mediation is foreseen, although definition of the categories of disputes for its implementation is already actively underway.

Measures are being taken to introduce judicial mediation, in particular, judicial mediation is being piloted in several courts.
Mediation is one of the basic social services, which can be provided to individuals/families in difficult life circumstances free of charge, as it is stated in the Law of Ukraine “On social services”.

Through the system of free legal aid assistance in granting access to mediation by informing about it is given, and it also provides mediation in proceedings for minors who are suspected of committing criminal offenses.

The provision of mediation services by mediator is formalized by a mediation agreement, which can be concluded either in an oral or in written form.

If the parties reach a mutually accepted decision, an agreement is concluded based on the results of mediation. It has the status and obligation of a civil law contract and can be concluded either in an oral or in written form. In case of failure to fulfil the terms of the agreement as a result of the mediation, the party may apply to the court with the corresponding claim.

If there is a court proceeding, agreements based on the results of mediation regarding the subject of the dispute can be set out in the form of a settlement agreement and submitted to the court for approval. If the court approves the resolution containing the parties' decision, it may be enforced.

MEDIATOR REQUIREMENTS

Mediator can be a natural person, who completed basic mediation training in Ukraine or abroad. A mediator cannot be a person with a criminal record, a person whose civil capacity is limited, or an incapable person.

The basic mediation training is carried out according to a programme with a volume (duration) of not less than 90 hours of training, involving not less than 45 hours of practical tasks. The programme of basic mediation training includes theoretical and practical aspects. Based on the training results, a certificate is issued, to which a syllabus of the training programme and acquired competencies is attached.

Mediator may not act as a representative or defender of any of the parties to mediation in a pre-trial investigation, court, or arbitration proceeding. Mediator cannot be questioned as a witness in court.

The Law does not foresee that self-governing bodies of mediators will be created and that there will be the maintenance of a state-wide register of mediators.

Associations of mediators and entities providing mediation maintain their own registers of mediators.

Ukrainian mediators constitute a professional community that, even in the absence of self-governing bodies, is able to find joint constructive solutions for the mediation`s development. In particular, the mediation community of Ukraine is responsible for creating standards for basic and specialized mediation training, developing the ethical foundations of mediators' activities, participating in law drafting, creating mediator search tools for the population, conducting mediation advocacy campaigns, etc.

MEDIATORS' ORGANISATIONS

UKRAINIAN ACADEMY OF MEDIATION

Public Union “UKRAINIAN ACADEMY OF MEDIATION” (hereinafter UAM) – is a public non-profit association with legal status, which was founded in 2014.

OUR MISSION:

To facilitate the development of mediation as an alternative (non-judicial) method of dispute resolution in Ukraine and boost the level of the culture of nonviolent communication and harmony in Ukrainian society.

OUR ACTIVITIES:

– in the field of mediation practice and support of mediators: mediation offices have been opened in courts, where citizens can receive qualified consultation on mediation issues and/or obtain mediation services free of charge; within the framework of cooperation with the System of free legal aid, UAM mediators conduct free mediations for the clients of this System; within the framework of cooperation with the system of social services for the families, children, and youth, UAM mediators provide free mediation for individuals and families in difficult life circumstances; organizing a free intervention and supervision sessions for mediators;

– in the educational field: the course for students of higher education in legal specialties “Mediation in the professional activity of a lawyer” was developed and implemented in the educational programme; the first textbook on mediation in Ukraine for lawyers “Mediation in the professional activity of a lawyer” and methodical recommendations for teachers were published; a number of educational materials were created for various target audiences, more than 500 various educational events were held in all regions of Ukraine for lawyers and the public; a pool of mediator trainers was created and mediator training and professional development programmes were developed;

– in the law-making field: UAM representatives participated in the development of different laws, namely the current Law of Ukraine “On mediation”, Law of Ukraine “On the administrative procedure”, State standard of mediation social services, Code of professional ethics of a mediator, standards of mediation training and practice;

– in the sphere of national and international cooperation in the development of mediation: a platform for legal professionals and mediators – Forum “Mediation and Law”, – was established, which already received the support of the Supreme Court of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Social Policy of Ukraine, the German Foundation IRZ, USAID New Justice Program, EU Project PRAVO-Justice, Council of Europe; a number of projects was implemented with the support of our international partners – USAID in the framework of New Justice Program, Canadian Bureau for International Education in the framework of The Quality and Accessible Legal Aid in Ukraine (QALA) Project, EU Project PRAVO-Justice, The German Foundation for International Legal Cooperation (IRZ), and others.

At the moment, UAM in partnership with the NGO “Tenth of April” is implementing the European Union Project “CONSENT” aimed at strengthening the role of alternative dispute resolution through a comprehensive approach to the development of the ADR in order to improve the access of individuals and legal entities to justice.

HOW TO FIND US:

www.mediation.ua

https://www.facebook.com/mediationukraine1

https://www.linkedin.com/company/ukrainian-academy-of-mediation

+380679411646

+380936938656

Collaborative center WIN-WIN

Mediation Service und HR

http://win-win.vn.ua

winwin.vn.ua@gmail.com

Institute for strategic development and meditation

Helps psychology conflictology mediation

www.isdm.pp.ua

n.nesprava @gmail.com

International training center "Mediation School"

ITC "Mediation School" is an international training center of professional training for mediators.

Center was established to develop a culture of alternative ways of conflict resolution in Ukraine by providing professional training for mediators according to the best international standards. Main activities of ITC “Mediation school”: professional education and training of mediators in Ukraine; specialization of mediators and supporting them during their practice (supervision, intervisions, workshops); increasing awareness of mediation in Ukraine; training and teaching mediators from other countries, supporting them in their professional development and sharing of experience; systemic integration of the program “Conflict management” into culture of companies/teams, etc.

https://mediation-school.com

office@mediation-school.com

+38 095 276 8979 (Viber, WhatsApp, Telegram).

Bukovinian Center of Mediation

Mediation, restorative justice (in particular service provider), training of mediators, counseling, information / advocacy activities to promote mediation, monitoring, analytics and research in the field of mediation and restorative justice.

https://m.facebook.com/profi.mediation.chnu/

mediation_laboratory@chnu.edu.ua

r.havrylyuk@chnu.edu.ua

l.nesterenko@chnu.edu.ua

Non-governmental organization «Dialogue, Mediation and Alternative Dispute Resolution Institute»

Opposing to all forms and kinds of violence, as well as promoting the establishment, spread, use of mediation and alternative dispute resolution as an effective approach to conflict resolution and transformation in various spheres of life; scientific and practical study of alternative dispute resolution and ways of their introduction into the legal system of Ukraine.

https://www.facebook.com/Dialogue-Mediation-and-Alternative-Dispute-Resolution-Institute-108646295194848

+380662990526

Mediation center ''COMPREHENSION SPACE'' social organization

Promoting the formation and development of a culture of constructive interaction between people through the spread of non-violent communications, including through mediation, consulting, training and other activities.

https://www.facebook.com/ProstirPorozyminnya

lclexvim@gmail.com

«ARBITRATION AND MEDIATION CENTER»

Contributing to the prevention of conflicts (disputes) in the future or the settlement of disputes

arising from civil, economic, administrative, as well as cases of administrative offenses and criminal proceedings with the aim of reconciling the victim with the suspect (accused), tax, corporate, labor, family, land, organizational (within the team), interpersonal and other disputes arising in the sphere of public, private,
political, geopolitical, military-technical, cultural, communal management property, development of housing and communal services, transport, communication, construction, education, health care, land use, and other legal matters that may be settled by mediator(s) and arbitrator.
Ensuring the provision of mediation services by members of the Organization.
Development of professional and ethical standards of mediation and establishment of control over their observance by members of the Organization.
Promoting the professional development of members of the Organization, ensuring their promotion qualifications and exchange of experience, training of members.
Ensuring the maintenance of registers provided for by the Law of Ukraine “On Mediation” and access to information about mediators of members of the Organization.
Creation of favorable conditions for members of the Organization to implement alternative dispute settlement procedures.
Promoting the establishment and development of the market for mediation and other alternative servicesmethods of dispute settlement in Ukraine.
Organization and its members and promotion of the culture of peaceful resolution
conflicts (disputes).
Representation of mediators in foreign relations.
Organizations, exchange of experience and information, conclusion of joint memoranda and cooperation agreements.
Promotion of the development of international ties, implementation of international norms and
standards of mediator activity in the legislation of Ukraine and regulations of the Organization.
Implementation of professional certification and accreditation of mediators – members of the Organization.
Organization and holding of symposia, conferences, seminars, debates, rounds
tables, competitions
Facilitating the implementation of state, regional, local and international programs aimed at the development of the institution of mediation and other alternative methods of dispute resolution in Ukraine, etc.
Publication and distribution of information, presentation materials and
specialized literature.
Providing methodological, advisory, expert and informational support
by state authorities, local self-government bodies, their officials and
by officials, organizations, institutions, enterprises, regardless of the forms
property, citizen associations and international organizations.
Methodical and practical assistance in the preparation and holding of public hearings in cities, villages and towns of Ukraine

chekhovaolga24@gmail.com

Mediation and Dialog Center

We are an organization of mediators that popularizes the culture of quality communication for the purpose of forming ecological relations between people.

http://mediation-center.tilda.ws/

melnichukj@ukr.net

NGO "Association for Family Mediators of Ukraine"

The Association for Family Mediators of Ukraine is a non-profit non-governmental organization established in January 2019.

Based on international experience, AFMU works to achieve the following goals:

Ensuring a high level of providing family mediation services throughout Ukraine, with accreditation and standardization of family mediation practice and training.

Providing family mediators with support in their pursuit of development and professionalization by providing supervisory, informational and other support.

Promotion of mediation as an effective peaceful method of settling family disputes. Our big dream is for every Ukrainian to know about family mediation.

Rallying and uniting the efforts of family mediators from different regions of Ukraine with the aim of spreading the values and practice of dispute resolution using family mediation.

MISSION – unity and support of family mediators in the constant improvement of professionalism for the development of family mediation in Ukraine and the strengthening of our society.

http://afmu.org.ua

afmu.org@gmail.com

Ukrainian Mediation Center (UMC)

Ukrainian Mediation Center (UMC) was started at Kyiv Mohyla Business School

to create an institution that would be a driving force for the development of alternative ways of dispute resolution in Ukraine through training and providing truly independent mediators’ services.

https://ukrmediation.com.ua/ua

https://www.facebook.com/UkrainianMediationCenter

NGO “NATIONAL ASSOCIATION OF MEDIATORS OF UKRAINE”

NGO "National Association of Mediators of Ukraine" (NAMU) is a non-governmental and non-profit association of specialists in the field of mediation and conflict resolution who understand the value of joint efforts in the development of their professional realm.

NAMU’s mission is to form a systematic, structured, sustainable and conscious request for mediation in Ukraine, the response to which is provided by the appropriate offer of the professional community of mediators on access to quality service. NAMU unites more than 170 mediators from all regions of Ukraine, its network of partners includes 37 organizations. Together with its partners, NAMU has developed the Code of Professional Ethics for Mediators, Basic Principles for Teaching Basic Mediator Skills, a Mediation Training Course for Judges, and Recommendations for Mediators on the Preparation and Conduct of Online Mediation. NAMU representatives are involved in the processes of legislative regulation of mediation, in particular, in the development and implementation of the Law of Ukraine “On Mediation”, the State Standard for Mediation as Social Service, they also participate regularly in the meetings with politicians of various state and international bodies.

https://namu.com.ua/ua/

https://www.facebook.com/NAMUkraine

https://t.me/namuofficial

https://www.youtube.com/channel/UCapOGoM4OMsF_46a5vhby_g/featured

Limited Liability Company "Commercial Mediation Group"

Provision of mediation services; training activities

https://cmg.org.ua/

cmg.ukraine.2020@gmail.com

PA "League of Mediators of Ukraine"

PA "League of Mediators of Ukraine" was established in December 2017 in order to develop and popularize family mediation as a peaceful way to resolve conflicts.

We are contacted for a solution:

Family disputes and conflicts before, during or after the divorce;

Conflict between spouses, parents and children, other relatives;

Issues of guardianship and deprivation of parental rights;

Conflicts in foster families between adopted children and other family members;

Inheritance disputes, etc.

http://limu.org.ua

https://www.facebook.com/UkrainianMediationLeague

limu.ukraine@gmail.com

Lviv mediation center

Lviv Mediation Center is a non-governmental organization that was created in 2015, aimed at spreading the culture of mediation and providing of mediation services.

The main principles of our activity are confidentiality, accessibility, impartiality and professionalism of the mediator. The main activities of the Center: – to inform about the culture of mediation and the adantages of this way; – to create a platform for mediators communication; – to train mediators for the improvement of their qualification; In addition, the Center holds many informal events to form powerful and effective network. Our Team consists of 14 members – certified mediators that practice in various spheres, including family, business, administrative relations etc. During the eight years of the Center’s activities, we conducted near one hundred unpaid activities to disseminate information on mediation, a series of master classes for mediators and lawyers, and 5 large-scale Forums – events international level events that aimed to forming a mediation community and improve skills mediators from whole Ukraine. In addition, we conduct many trainings on effective communication, emotional competence, negotiation techniques, etc.

https://mediation.lviv.ua

mediation.lviv@gmail.com

PROJECTS AND INITIATIVES

CONSENT: ENHANCEMENT OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN UKRAINE WITH FOCUS ON MEDIATION

Implemented by the PU "Ukrainian Academy of Mediation" with the financial support of the European Union.

FAMILY MEDIATION DURING THE WAR

As a result of the full-scale invasion of Russian troops into Ukraine, a large number of people were forced to leave their homes and seek refuge in other regions of Ukraine and other countries.

The project "Strengthening the capacity of the community of mediators to create quality criteria for dispute resolution services in Ukraine" with the support of The Matra Programme, the Kingdom of the Netherlands.

It has been implemented by NAMU since April 2020.

The project was designed for 1,5 years, however, due to the pandemic, and now the armed aggression of the russian federation, certain changes were made to the previous plan.

The project is aimed at the following key tasks:

1. Studying the citizens` needs in mediation services, the needs and opportunities of customers and providers of mediation services, and the challenges in creating mechanisms for mediation implementation in practice.

2. Joining efforts of the government and the community of mediators in the development and promotion of policies concerning the institutionalization of mediation, in particular, the integration of professional and ethical standards of mediators through the creation of a working group and jointly developing the relevant policies and recommendations.

3. Increasing the training level of the mediator trainer by creating a course on professional ethics, which would integrate the best practices of mediation and mediation training in Ukraine and abroad, for which representatives of the International Mediation Institute (the Netherlands) will be involved.

4. Broad awareness of the features and advantages of mediation, as well as of ethical principles of mediators` activities which will be implemented through the formation of a publicly accessible online course that will integrate the achievements of the working group.

Mediators who are the members of the working group on the implementation of the mediation mechanism, taking into consideration the previous experience, and the latest conditions made by the Law of Ukraine “On mediation”, expect to understand what obstacles stand in the way of the widespread introduction of mediation in Ukraine, how to overcome them and to make such introduction real, systemic and irreversible. The development of the list and basic principles, and policy concepts concerning the institutionalization of mediation and the integration of professional and ethical standards of mediators in cooperation with the government has begun.
You can contact us on the matter of this project at namu.projectmatra@gmail.com.

LEGAL BASIS MEDIATOR REQUIREMENTS MEDIATORS' ORGANISATIONS PROJECTS AND INITIATIVES