Regulatory framework

12/15/2016 06:44:06 pm

Ukraine's regulatory environment for mediation services has been developing dynamically for the past years. NAMU is working actively to develop and promote self-regulatory mechanisms that will ensure protection of client's rights in those spheres where relevant procedures are not established by the law. On 5 December 2017, the conference of Association members approved its Code of Ethics, a document, outlining broad standards for mediation professionals (a Ukrainian version of it is available here). At the same time, the Association is participating in the processes of creation of legislative framework that would enable Ukrainians to take full advantage of what mediation can provide.

As regards already existing legal provisions it is worth noting the following:  

  • Approved by the President Strategy of Legal System Reforms already recognizes promotion of alternative disputes resolution as a way to deal with overburdening of the court system – see the Strategy here
  • The Parliament has already adopted in the first reading a draft law on mediation and is posed to refine and adopt it. Association is working with the working group under the relevant Committee  – see a draft text of the law here.
  • There's a number of provisions creating favorable environment for mediation in the new procedural Codes, adopted in the first readings, e.g. protection of confidentiality of mediator or provisions on diminishing court fees by 50% if parties come to a friendly settlement 
  • There are already standards for family mediation service, developed with assistance of the NAMU, adopted and established by the Ministry of Social Policy, see the text here.    

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