Issue: № 10, 2025
Doi: https://doi.org/10.37634/efp.2025.10.6
The paper is devoted to the conceptual principles of civil law contracts concluded in the process of mediation and which are related to the civil proceedings: economic proceedings, civil proceedings, notarial proceedings, enforcement proceedings, etc. The scientific conclusions are supported that civil proceedings, economic proceedings, enforcement proceedings, notarial proceedings, mediation in the aspect of comprehensive protection of private rights of citizens and legal entities in legal proceedings in jurisprudence should be considered in the sense of "civil proceedings". Scientific and practical analysis of the norms of the Economic Procedural Code of Ukraine, the Law of Ukraine "On Mediation" proves that the mediation procedure can be applied in cases where legal proceedings have begun in a commercial court. At the same time, for the duration of this procedure, the consideration of the case is suspended and all procedural and procedural actions regarding the settlement of a commercial dispute through mediation are carried out within the limits and in the manner determined by the Law of Ukraine “On Mediation”. The judge is not a participant in the mediation. It has been proven that the meaning of the term “agreement based on the results of mediation” is used and disclosed only in the Law of Ukraine “On Mediation”. The norms of the Economic Procedural Code of Ukraine, although they do not directly indicate that the agreements that will be reached in the mediation procedure can be formalized in an agreement based on the results of mediation, do not prohibit fixing the result of the agreements of the parties to the mediation in an agreement based on the results of mediation. An agreement based on the results of mediation is one of the types of agreements that are drawn up in writing. A settlement agreement and an agreement based on the results of mediation are not identical concepts. Article 231 of the Economic Procedural Code of Ukraine does not provide for the closure of proceedings in a commercial case as a result of concluding an agreement based on the results of mediation.
Keywords : mediation, court, parties to mediation, judicial protection, extrajudicial protection, protection of rights, contract, commercial process, civil process
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