Issue: № 4, 2025
Doi: https://doi.org/10.37634/efp.2025.4.21
This paper explores that in today's global context, the role of alternative dispute resolution (ADR) methods is becoming increasingly significant, with mediation emerging as a particularly effective tool. Against the backdrop of overloaded court systems, high litigation costs, and the need for timely conflict resolution, mediation is widely recognized as a means of achieving mutually beneficial outcomes between parties. Many foreign countries have successfully integrated mediation into their legal systems, supported by specific legislation and institutional frameworks. This paper explores the legal implementation of mediation in selected foreign jurisdictions, analyzing international practices to identify approaches that could be effectively adopted in Ukraine. The research is based on a variety of sources, including international legal acts, scholarly works, and comparative legal analysis. Special attention is given to key international documents such as the EU Directive 2008/52/EC, the Singapore Convention on Mediation (2018), and the UNCITRAL Model Law, which establish foundational principles and procedural standards for mediation. Case studies from countries like the United States, Germany, France, and Poland are discussed, revealing diverse models of mediation influenced by national legal traditions and policy choices. For instance, the U.S. is noted for its well-developed court-connected mediation, while in Germany and France, mediation is increasingly integrated into civil and administrative proceedings. Ukraine has taken initial steps toward institutionalizing mediation through the adoption of the Law of Ukraine “On Mediation” (2021), yet challenges remain, such as the absence of mandatory mediation procedures and limited state support. The paper concludes that Ukraine could benefit significantly from adopting best international practices, including mandatory mediation in specific cases, state-supported mediation programs, and public awareness campaigns. Institutionalizing mediation will help relieve pressure on the judiciary, promote a culture of peaceful dispute resolution, and contribute to the development of the rule of law.
Keywords : mediation, international experience, alternative dispute resolution, Singapore Convention, EU Directive, UNCITRAL Model Law, legal regulation, court mediation, mediator training, Ukraine
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