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WHAT IS MEDIATION?

Mediation is a non-curial, wilful, confidential, structured procedure in which the parties, with the help of a mediator(s), try to prevent or resolve a conflict (dispute) through negotiation.  
Legal basis and the procedure of mediation as a non-curial procedure of conflict (dispute) resolution, principles of mediation, status of mediator, training requirements and other issues related to this procedure are determined by the Mediation Law of Ukraine No. 1875-IX of November 16, 2021.

Mediation aims to help future partners or parties to a conflict in a confidential and out-of-court procedure to find a solution that will meet their interests and needs.

The parties actively participate in the mediation, working to resolve the conflict. No one can be forced to participate in conciliation — it must be a conscious choice of all parties to the competition (dispute).

Mediation always has a place where there is an opportunity to conduct ordinary negotiations - negotiations take place more efficiently with the participation of a mediator.

ADVANTAGES AND FEATURES OF MEDIATION

SAVING MONEY

Mediator fees are usually lower than court costs. In some cases, mediation can be conducted free of charge

SAVING TIME

The conflict is resolved through mediation much faster than a court proceeding (which may involve several instances)

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EMOTIONAL TENSION RELIEF

Negotiations with the participation of a mediator make it possible to minimize the level of stress caused by the conflict

VOLUNTARY PARTICIPATION IN MEDIATION

The parties independently decide on the expediency of participating in mediation and can withdraw from the procedure at any time

VOLUNTARY ENFORCEMENT OF DECISION

Agreements worked out jointly during mediation increase the probability of voluntary implementation of the decision made by the mediation parties

CONFIDENTIALITY

Anything discussed during mediation is not to be disclosed. The mediator may not be questioned as a witness regarding the information obtained by him during the mediation

SELF-DETERMINATION AND EQUAL RIGHTS OF MEDIATION PARTIES

The parties independently develop and adopt a mutually acceptable decision on ways out of the conflict situation, in contrast to the court, which makes a binding decision for the parties, focusing solely on the norms of the law

MEDIATION IS BROADER THAN COURT

A conflict situation may include such aspects that cannot be resolved with the help of a court. Mediation allows both the discussion of such topics and the reaching of agreements that better take into account the interests and needs of the parties than a possible court decision

WHAT DOES A MEDIATOR DO?

A mediator is a specially trained neutral, independent, and impartial negotiator who conducts the mediation procedure. A mediator can be a natural person who has completed basic mediator training in Ukraine or abroad.

The basic training of mediators is carried out according to a program with a volume (duration) of at least 90 hours, including at least 45 hours of practical training. The training of mediators, in addition to the basic one, may include specialized training. After passing the basic and/or specialized training and confirming the acquired competencies, a corresponding certificate is issued.

What does a mediator do?

● creates favourable conditions for negotiations between the mediation parties;
establishes communication and understanding between the mediation parties;
● contributes to identifying the real needs and interests of the mediation parties;
● organizes joint work of the parties to find a mutually acceptable solution;
● ensures compliance with the procedure and consistent conduct of the parties through the stages of mediation;
● reduces the emotional tension of the conflicting mediation parties.

The mediator does NOT decide on the settlement of the conflict (dispute) and does NOT advise on possible options for its resolution. Decisions are made exclusively by the parties.

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WHEN CAN MEDIATION BE CONDUCTED?

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Before starting any partnership

There are no obstacles of a psychological or legal nature

The parties are able to negotiate and are willing to reach an agreement

The parties cannot establish communication and resolve the conflict (dispute) independently

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The parties are ready to take responsibility for the development of decisions and their further implementation