ON JULY 28-29, EXPERTS OF THE EU PROJECT “ PRAVO-JUSTICE” PRESENTED THE DRAFT REPORT “MEDIATION IN ADMINISTRATIVE DISPUTES” TO REPRESENTATIVES OF KHARKIV AND DNIPRO DISTRICT ADMINISTRATIVE COURTS. THE PARTICIPANTS OF THE MEETINGS DISCUSSED THE CATEGORIES OF PUBLIC SPHERE CASES WHERE MEDIATION CAN BE USED, AS WELL AS THE MECHANISMS FOR REFERRING SUCH CASES TO MEDIATION.

“Mediation in administrative disputes undoubtedly has its own peculiarities. Therefore, if we manage to resolve 1-3 percent of administrative disputes through alternative dispute resolution methods, including mediation, it will be a great success,” emphasized Dovydas Vitkauskas, Head of the EU Pravo-Justice Project. According to experts, the most promising for mediation are disputes involving local governments, which are interested in peaceful dispute resolution and have the necessary powers. In particular, the following categories of cases are proposed for piloting: appeals against decisions on tariff setting, transfer of municipal property, obtaining permits, granting land plots for ownership or lease, etc. “Mediation can become a new way to restore trust in state institutions and turn a conflict into mutually beneficial cooperation,” said Andriy Ryshchenko, judge of the Dnipro District Administrative Court and coordinator of the Dnipro Regional Council for Justice Reform (RJR). In addition, amicable settlement is possible in disputes related to the activities of private legal professions, namely notaries and private enforcement officers. These may include disputes regarding public service and dismissal from it, protection of the right to receive public information, collection of tax debts, etc. Among the existing models for introducing mediation, experts distinguish court mediation. It provides for the establishment of a court-based mediation center with accredited external mediators.

The participants of both meetings agreed that the effective use of mediation in administrative disputes requires political will and the adoption of laws on mediation and administrative procedure. The presentation of the final report is scheduled for August 31 in Kyiv. In the course of the study, experts from the EU Pravo-Justice Project analyzed national legislation, statistical data on the work of administrative courts, and conducted individual interviews with stakeholders and group discussions with administrative court judges as part of the interregional PPCR group.