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The Current State and Prospects for the Development of Mediation in Ukraine through the Prism of the Experience of the Countries of the European Union
(International Arbitration Law Review, 2023) Olga Tymoshenko; Maxim Tymoshenko; Svitlana Bychkova; Ivan Omelko; Anastasiia Matvieieva
In this article there have been researched the current state and prospects for the development of mediation in Ukraine, namely prerequisites of the emergence of the institution of mediation in Ukraine, the main achievements and shortcomings of the Law of Ukraine "On Mediation", its comparison with foreign legal provisions for mediation, as well as the issue of mandatory mediation in certain EU countries and its correlation with the principle of the voluntary nature of the mediation procedure. The research is based on the analysis of domestic and foreign doctrinal sources, normative legal acts, which made it possible to draw our own conclusions regarding the current state and prospects of the functioning of mediation in Ukraine. The article contains conclusions on the need to make changes to the existing regulatory framework and practice in order to realize the maximum potential of such an alternative method of dispute resolution as mediation in Ukraine.