Institutionalization of Mediation in Ukraine: Key Stages, Current State and Prospects

Abstract

 In the article, the authors analyzed the key stages and the current state of the institutionalization of mediation. Based on a qualitative analysis using semi-structured in-depth interviews with expert mediators, the prerequisites for the further development of mediation as a social institution are outlined. Appearing at the beginning of the formation of market relations in Ukraine as a set of informal practices and norms in Ukraine, mediation later turned into formalized organizational structures. The Profile Law of Ukraine «On Mediation» laid the fundamental legal basis for the application of mediation. In Ukrainian society, a network of educational programs preparing specialists in the field of mediation (including at the level of higher education institutions) is being formed. The development of mediation in Ukraine is restrained by a number of factors: the low level of legal culture of citizens and limited awareness of the mediation procedure as an alternative out-of-court settlement of disputes, which, in turn, leads to an insufficient level of trust of citizens in mediation compared to traditional court proceedings; peculiarities of the national legal system, which inhibit the introduction of alternative methods of conflict resolution; limited support of the institution of mediation from state bodies. The effectiveness of further institutionalization and dissemination of mediation in Ukraine involves: improvement of the legislative framework taking into account international experience; development of legal documents that will detail the application of mediation procedures in various spheres of public life; introduction of mechanisms for the use of the mediation procedure within the framework of judicial proceedings; conducting information campaigns aimed at the development of mediation culture in society; distribution of courses on the basics of conflict resolution and mediation in school and university programs; development of the support system and raising the professional level of mediators; implementation of the procedure for professional accreditation of mediators based on uniform standards and requirements for their qualifications; development of the procedure for accreditation of educational institutions and certificate programs for the training of mediators; introduction of the mechanism of accreditation of centers providing mediation services.