ON JULY 23, TWO MEETINGS OF THE INTERREGIONAL GROUP OF REGIONAL JUSTICE REFORM COUNCILS (RJRCS) ON THE USE OF MEDIATION IN COMMERCIAL AND CIVIL DISPUTES TOOK PLACE IN ODESA.
THE EVENTS WERE INITIATED BY THE EU PROJECT “PRAVO-JUSTICE” IN PARTNERSHIP WITH THE SOUTHWESTERN ECONOMIC COURT OF APPEAL AND THE UKRAINIAN ACADEMY OF MEDIATION.

“Mediation has existed in Ukraine for more than 20 years, but it has not yet become widespread and has not become part of the dispute resolution culture. Whereas, for example, in the Nordic countries, the lion’s share of disputes is resolved through mediation or other methods of alternative dispute resolution,” emphasized Dovydas Vitkauskas, Head of the EU Pravo-Justice Project. During the two events, judges of commercial and civil jurisdiction from different regions of Ukraine, representatives of the High Council of Justice, judges of the Civil Court of Cassation within the Supreme Court, together with experts from the EU Pravo-Justice Project, analyzed statistical data on civil and commercial cases, namely

• How often do the parties to court proceedings agree to reconciliation?
• In which categories of cases is reconciliation more common?
• Which categories of disputes have a higher chance of reconciliation?
• How are such cases accounted for?

They also identified potential categories of cases in which it is advisable to introduce mandatory meetings with a mediator and the nuances to be taken into account in such circumstances.

In addition, as part of the study of case categories, the Project initiated a survey on the use of mediation in civil and commercial disputes.
We invite judges, lawyers, mediators and scholars to take part in the survey.
These events are a continuation of the discussion of the use of mediation in administrative proceedings in early 2021, as well as an in-depth analysis of the legislative and institutional gaps in the implementation of mediation in Ukraine in various areas of law, conducted by the Project in 2020.
Based on the results of the discussions, the Project will prepare separate reports on the categories of cases in administrative, civil and commercial proceedings where it is advisable to use alternative dispute resolution, including mediation.
We hope that these developments will form the basis for future legislative changes and further development of mediation in Ukraine.
It is worth reminding that the Strategy for the Development of the Justice System and Constitutional Court Procedure for 2021-2023, adopted in June 2021, provides for the establishment of a mandatory pre-trial procedure for dispute resolution using mediation and other practices for certain categories of cases defined by law.
In addition, the legal framework and procedure for conducting mediation in Ukraine is established by the Draft Law on Mediation No. 3504, developed by the Ministry of Justice jointly with the community of mediators.
The document was adopted in the first reading in July 2020 and recommended by the Verkhovna Rada Committee for adoption in the second reading and in general. For reference:The Regional Justice Reform Councils (RJCs) were established with the support of the EU Pravo-Justice Project and operate in Chernivtsi, Dnipro, Kharkiv, Lviv, Odesa regions and Donbas. To date, members of the Councils have been actively involved in the preparation of a draft law on mediation, amendments to the Bankruptcy Code, proposals to improve legislation on enforcement proceedings, the introduction of an electronic court, and discussions on the concept of transitional justice. The RECs act as permanent working groups that promote the implementation of reforms in accordance with the bottom-up principle: by bringing region-specific challenges and their potential solutions to the level of central authorities.