Features of mediation as an alternative method of settlement of family disputes: Legal provision and practice in Ukraine and EU countries

Abstract

Family mediation is an effective alternative dispute resolution method that plays a crucial role in settling family conflicts outside the courtroom. The growing demand for mediation in Ukraine and the EU reflects the need for a more efficient, cost-effective, and confidential approach to resolving family disputes. This study aims to analyze the legal framework and practical implementation of family mediation in Ukraine and selected EU countries, highlighting its advantages and potential for further development. The research employs a comparative legal method, doctrinal analysis, and case study methodology to assess the current regulatory framework and practical applications of family mediation. The findings indicate that while Ukraine has made significant progress in establishing mediation as a legal practice, gaps remain in its legislative framework, enforcement mechanisms, and public awareness. In contrast, EU countries demonstrate a well-developed system of family mediation, often supported by mandatory pre-trial mediation requirements and state-funded mediation services. The study concludes that Ukraine can benefit from adopting best practices from the EU, particularly in integrating mediation into the legal system, ensuring its accessibility, and enhancing mediator training programs. The scientific novelty of the research lies in its comprehensive analysis of family dispute mediation, as well as its recommendations for strengthening Ukraine’s mediation infrastructure in alignment with European standards.