Mediation in Ukraine: Challenges of Peace and War
39 Pages Posted: 23 May 2018 Last revised: 22 Jun 2018
Date Written: 2017
This Article analyzes challenges of institutionalizing mediation in Ukraine before and after the 2014 crisis, in three broad areas: (1) professionalization and regulation of mediation, (2) development of the mediation market, and (3) integration of mediation into the court system. Based on the findings of the qualitative empirical study, low demand for mediation services and relatively slow development of mediation in Ukraine was conditioned by the factors of wider sociolegal environment, such as high court efficiency coupled with corruptibility of judges, and general political instability. However, these factors also had some positive side effects. Lack of resources, political uncertainty, and insufficient interest on the part of the judiciary offered a span of time for the grassroot mediation community to independently establish themselves, to mature, and to learn the lessons of mediation regulation from other jurisdictions. Although the current armed conflict in Eastern Ukraine has amplified environmental uncertainties, it also prompted a greater attention of the international community to mediation in Ukraine and offered further opportunities for Ukrainian mediators.
Keywords: Mediation, Alternative Dispute Resolution, Access to Courts, Ukraine
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