News

Announcement of open public discussion of the Draft Law on Mediation (in Ukrainian)

02.07.2010

Dear Colleagues,

Mediation is rapidly becoming widespread in Ukraine, making urgent the need to legitimize it as a service available to different segments of the population, particularly for resolving disputes in the economic sphere. For successful development of mediation service and its proper perception there is a lack of key concepts definition, application of mediation, requirements for a professional mediator etc. In the wake of a surge of interest in mediation the term "mediation" has already been applied to the very different processes that cannot leave indifferent the community of mediators and experts who support the development of mediation in Ukraine.

May we offer your attention a draft law on mediation, developed by the expert group, which includes lawyers, scientists, mediators, representatives of organizations of mediators, experts on law drafts. Ukrainian and foreign mediators who have long experience in this area have been also involved in discussion of some conceptual principles at different stages. Laws on mediation in different countries, international and European recommendations, the world and Ukrainian practice of mediation application have been carefully examined.

The purpose of the law is to give the framework definition of mediation process that, in our view, will regulate the activities of mediators and organizations that provide mediation services, and thus lay the foundation for professional services for mediation on a reliable basis. Specifics of mediation application in various fields (economic, family, criminal, etc.) if necessary to be regulated by separate regulations. At the same time, may we draw your attention, that this draft was gained as a result of discussions regarding the features of the provision of mediation in the Ukrainian context and not an alternative to official draft law, developed by the Ministry of Justice of Ukraine.

For a more extensive discussion of the proposed draft, it will be placed at the website of Ukrainian Mediation Center of the Kyiv-Mohyla Business School (www.ukrmediation.com.ua) and the Ukrainian Centre for Common Ground (www.commonground.org.ua) in the period of 1 until 31 July, 2010, after which all comments and suggestions will be reviewed by an expert group and taken into account at the revision of draft. Answers to questions concerning the draft also will be structured and presented for discussion.

The authors hope to support the idea on the development of mediation institute in Ukraine and looking forward to receive an active feedback on general concept and content of the proposed draft.

Your suggestions and questions please send to: ukrmediation.law@kmbs.com.ua

Thanks in advance for your cooperation!

Group of authors:

• Galina Eremenko, head of the Ukrainian Mediation Center of the Kyiv Mohyla Business School, PhD, mediator; senior researcher;

• Vladislava Kanevska, Vice President "Ukrainian Center for Common Ground, the mediator;

• Tetyana Kiseleva, PhD, University of Oxford doctoral student, researcher, LLM (LSE),

• Roman Koval, President "Ukrainian Center for Common Ground, the mediator;

• Anna Kombikova, associate, Pavlenko & Poberezhnyuk Law group, mediator;

• Oleksandra Pavlenko, attorney-at-alw, partner, Pavlenko & Poberezhnyuk Law group ;

• Diana Protsenko, lawyer, mediator, teacher of the National University of Kyiv-Mohyla Academy;

• Gregory Usatyi, assistant professor; senior researcher;

• Tatiana Khudyakov, business consultant, mediator.

Reference: Draft Law on mediation