EU Project Pravo-Justice Supported the Conduct of the IX International Forum "Mediation and Law"

On June 25-28, with the support of the Ukrainian Academy of Mediation, within the framework of EU Project CONSENT and in cooperation with EU Project Pravo-Justice, the IX International Forum “Mediation and Law”, largest specialised event in Ukraine dedicated to the development of mediation and other alternative methods of dispute resolution, was held online.

In particular, the participants to the Forum discussed the development of mediation as an effective tool for conflict resolution; the improvement of the quality of mediation services; the exchange of best practices; and the creation of conditions for interaction and cooperation, etc.

Manfredas Limantas, Head of the Rule of Law Team (Chapters 23 and 24) in the Fundamental Reforms Unit of the Support Service for Ukraine of the European Commission, emphasised that the European Union strongly promoted and supported mediation and high standards of mediation in both EU Member States and EU candidate countries.

“There is no only true model of mediation... That is why some countries regulate mediation more strictly and more formally, while others allow for more flexibility. It is, of course, important that mediation is accessible, that it is trusted by users and professionals of the justice system. Mediation should also be used effectively to resolve disputes. We call on governments to develop their own mediation models that would be properly adapted to their history, legal traditions, needs and overall social context. They should, of course, be in line with common European standards and recommendations provided by the EU,” he said.

Manfredas Limantas also spoke in favour of mandatory pre-trial mediation. In his opinion, mediation in such a format shall not be considered as a violation of the right to access to justice.

“This format shall be applicable solely to certain categories of disputes, rather than to all types of disputes. It is crucial to make sure that mandatory mediation is implemented properly, has the appropriate infrastructure in place, alongside some quality assurance. Otherwise, it may undermine access to justice and even violate the European Convention on Human Rights... The EU does not call for blind copying of foreign models, but calls on each country to find its own balanced and reasonable solution, based on local capacity and legal system,” he said.

In addition, the European Commission representative assured that the Commission would strongly support further development of mediation in Ukraine to make it an integral part of its justice system.

In turn, Oksana Tsymbrivska, Team Leader of EU Project Pravo-Justice, stated that systemic support for the development of mediation in Ukraine in times of war is a contribution to not only accessible and effective justice, but also to the formation of a mature society that would be able to listen, understand, and reach agreement with each other.

“Mediation is not just another tool that complements the justice system, making it more accessible, humane, and effective. It is also a component of the State’s resilience – a mean to maintain trust, reduce tension, and help people come to terms even in difficult circumstances,” she said.

According to her, mediation should become an integral part of justice, rather than be just an alternative.

“The formation of a culture of peaceful dispute resolution cannot be based solely on the enthusiasm of professional communities, public initiatives, or individual mediators... At the same time, an extremely important step has already been taken – in May, the Government approved the Rule of Law Roadmap. It provides, in particular, for the development of alternative dispute resolution as part of justice reforms. What is important is that this is no longer just an internal agenda, but part of Ukraine’s European integration obligations within the framework of the negotiation process with the EU,” emphasised Oksana Tsymbrivska.

In addition, Oksana Tsymbrivska and Maja Cvitan Grubisin, Support to EU Integration Process in the Justice Sector Component Lead at EU Project Pravo-Justice, moderated the panels “From Vision Towards Implementation: Mediation in National Reforms and Global Strategies” and “Road to Understanding: The Role of Dialogue and Mediation in Times of Migration Crises,” respectively.

In turn, Luiza Romanadze, President of Ukrainian Academy of Mediation, Head of EU Project CONSENT, spoke about the significance of the Forum.

“This forum is a space that unites all those who shape the legal and social system of the country, from judges and lawyers to social workers, teachers, academia, government representatives, international partners, and mediators. Over its lifetime, it has become an important platform that allows summarising key events, highlighting achievements, outlining future plans and areas of development,” noted Luiza Romanadze.

According to her, despite the difficult periods – pandemic and full-scale invasion, – the Forum has not lost its momentum; on the contrary, it has become even more powerful and keeps scaling up. This year it has brought together more than 3,000 participants from almost 100 countries around the world.

Roman Babii, MP, member of the Parliamentary Committee on Legal Policy, underlined that the existing agenda provided for the creation of the Interdepartmental Council for the Development of Alternative Dispute Resolution – a coordination body under the Cabinet of Ministers, – which should be composed of the representatives of various branches of power and ADR institutions. In his opinion, this body will allow for a more systemic approach to the development and promotion of ADR methods.

“Mediation is yet another way to protect one’s rights. It does not replace the courts, but it can become an effective tool in situations where it is important to maintain relationships, avoid conflict escalation, and find solutions through joint efforts. For the State, the development of this area is also an opportunity to reduce the burden on the judicial system and provide citizens and businesses with access to dispute resolution in various life situations, not only in courts,” stated Roman Babii.

Rytis Jokubauskas, former Secretary General of the Lithuanian Bar Association, currently Deputy Minister of Justice, spoke about the experience of mediation in Lithuania since 2005. According to him, mediation shall be mandatory in family disputes, as well as in any civil case at the discretion of a judge.

“We have started introducing mediation in administrative cases recently... Especially in pre-trial procedures, where mediation is applied, we can state as many as 50% of cases ending up with amicable settlement, which, in my opinion, suggests a very good performance. Thus, in addition to introducing mediation in civil and administrative cases, the current government is now planning the introduction of mediation in criminal cases,” he said.

At the same time, Olena Bilokon, a Supreme Court justice at the Civil Cassation Court, stated that the Supreme Court was completely supportive of the idea of promoting mediation in the context of ensuring access to justice, increasing Ukraine’s investment attractiveness, and relieving social tension.

“For the judicial system, the use of the mediation procedure has some clear advantages: mediation can help reducing the burden on the judicial system, relieving it of a number of cases related to both disputes as such and enforcement of court decisions. At the same time, judges appreciate the fact that the participants to the conflict are able to use the humanistic approach inherent in mediation in resolving disputes and contribute to building up, a reconciled society,” she said.

She also emphasised that the Supreme Court was actively promoting mediation in Ukraine. For example, a special section on mediation, intended for citizens, has been integrated into the web portal of the Ukrainian judiciary.

“Today Ukrainian citizens have the opportunity to obtain, in any Ukrainian court, on the website, or in the printed materials, all information about mediation, its correlation with judicial proceedings, and options for finding mediators,” she said.

After that, Rimantas Simaitis, mediation expert of the European Commission for the Efficiency of Justice (CEPEJ, Lithuania), presented key recommendations of the European Mediation Handbook (2019) on improving the legislative framework in the field of mediation. He pointed to the importance of collecting and summarising statistical data on mediation – both from individual mediators and providers and from courts and other sources – while respecting the principle of confidentiality.

In addition, the expert shared basic key performance indicators (KPIs) that allowed for an objective assessment of the development of mediation at the national level. The document is available via link.

Oleksandr Banchuk, Deputy Minister of Justice of Ukraine, also highlighted that the capacity of mediation in Ukraine had not been fully explored yet. According to him, in the context of the full-fledge launch of the law on mediation, the MoJ experts on monitoring have not identified any legal procedural issue.

It should be noted that within the framework of the IX International Forum “Mediation and Law”, the participants from across Ukraine and all over the world have had the opportunity to join numerous panel discussions, workshops and other events dedicated to pressing topics.