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Three judges in two courts know what mediation is

To elaborate and present to the Government

the bill on mediation not later than February 2008

(Action plan aimed at realization of the foreground

tasks of the Ministry of Justice of Ukraine for 2008)

There are activities plans adopted by the Ukrainian state bodies that envisage the development of mediation as one of the most effective instruments of alternative dispute resolution. Several times mediation was mentioned in governmental programs. It means that the mediation is well-known among statesmen.

However, how it may happen in that case that the Ukrainian courts’ decisions mention “mediation” only as a way of conciliation between a victim and a criminal. There are only eight judgments in criminal cases passed by three judges in two courts (Kyiv and Poltava Regions) where that instrument mentioned.

Should it mean that mediation of commercial and civil disputes is so effective that those disputes never appear before the state court? We may assume that in case respective contracts contain the dispute resolution clause even with pre-arbitration or pre-judicial mediation, that would be specified in the court decision due to many reasons (statement of a claimant concerning unsuccessful mediation, arguments of a defendant against the right of a claimant to file the case to the court before the mediation is completed etc.).

From the above presented statistics we may take the ground for conclusion that the mediation in Ukraine, especially in commercial disputes, is still on the start position. In our previous posts we analyzed some psychological reasons. Now we may add one more issue – there is no situation when the legislation prescribe to apply mediation at least as a mandatory pre-judicial measure. Probably the legislator shall create the situation when the parties will be reluctant to use mediation.

Posted by Konstantin Pilkov, MCIArb

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