EU Project Pravo-Justice and EU Project CONSENT presented a scientific practical commentary to the Law of Ukraine "On Mediation"
On November 19, EU Project Pravo-Justice together with the Ukrainian Academy of Mediation presented, within the framework of EU Project CONSENT, a scientific practical commentary to the Law of Ukraine "On Mediation". It will later be available in printed form.
The scientific and practical commentary to the Law of Ukraine "On Mediation" was developed with the assistance of EU Project Pravo-Justice. It is intended for a wide range of readers who would want to familiarise with the essence of mediation and the role of a mediator, as well as for all those who deal with disputes (conflicts) and are looking for ways to resolve them.
According to Oksana Tsymbrivska, Team Leader of EU Project Pravo-Justice, the commentary contains clear explanations, practical examples and tools that will help to effectively apply mediation in various areas.
"This commentary will become a reliable reference point for those who want to understand mediation more deeply and put it in practice. This is yet another important step towards expanding the use of mediation in various spheres of public relations for the peaceful resolution of conflicts," noted Oksana Tsymbrivska.
In her opinion, in the light of existing challenges related to the full-scale invasion and the opportunities opened up by the European integration process, the development of mediation is of particular importance.
"Mediation can become not only an effective tool for relieving the burden on the judicial system, but also an important element in building a society based on trust and understanding. It is also of great importance in the European integration processes, because within the framework of negotiation chapters 23 and 24, mediation is one of the elements of justice reform," she said.
For her part, Luiza Romanadze, President of the Ukrainian Academy of Mediation, Team Leader of EU Project CONSENT, stated that the scientific and practical commentary aims to briefly and clearly explain the provisions of the Law of Ukraine "On Mediation", its logic, because not everyone was able to appreciate its framework nature.
"Our Law is really cool. This has been confirmed by our international partners. In working on it, we took into account best global practices and recommendations of the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ)... Since the Law regulated what had existed in Ukraine for over 20 years, it was necessary to find such a formula that would not only preserve what existed so far, but would also facilitate further development. That is why we have a framework law that has established the fundamental principles of mediation in Ukraine, taking into account its specificities and the role of a mediator," stated Luiza Romanadze.
Roman Babii, Chairman of the Subcommittee on the Implementation of Decisions of the European Court of Human Rights and Alternative Dispute Resolution of the Parliamentary Committee on Legal Policy, emphasised that that commentary was not only for lawyers, but also for a wider circle – businesses and individuals.
"It is indeed difficult to comprehend all the practical aspects of mediation by simply reading the text of the framework law. Such things as scientific practical commentary, which is the opinion of practitioners who have been working with this for decades, are, of course, important for understanding the effectiveness of mediation and its application, achieving the goals for which it exists – reconciliation of the parties and conflict resolution. In the context of its promotion and facilitating wider application, this commentary is one of the most important tools," he said.
According to him, the adoption of the Law became a fundamental step in the process of developing mediation in Ukraine.
"Although it is of a framework nature, it was this format that was expected to give a significant impetus to the formation of a full-fledged and effective market for mediation services. It was supposed to attract as many parties and mediators as possible to this method of conflict resolution, and allow mediation to be promoted without limiting it to rigid frameworks. The fact that this is a framework law does not mean that it will not change, but for this it will be necessary to make it through certain stages of development," concluded Roman Babii.
The event also spared a moment for the discussion upon the results of the implementation of the Law of Ukraine "On Mediation" and the prospects for mediation in Ukraine in the context of European integration, which involved representatives of the Supreme Court, the Office of the President, the Ministry of Justice, and the team of contributors to the commentary, the discussion being timed to the third anniversary of adoption of the Law.
Sofiia Vydra, Support to EU Integration Process in the Justice Sector Component Lead, EU Project Pravo-Justice, noted that there was still a lot of work ahead, in particular in the context of coordination between all participants to the process. At the same time, EU Project Pravo-Justice will continue supporting the development of mediation in Ukraine to forge a culture of reconciliation and peaceful settlement of disputes.