THE SCOPE AND EFFECT OF VOLUNTARINESS PRINCIPLE IN MEDIATION
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
Alternative dispute resolution is still new and rather unknown in Ukraine, though a number of mediators and mediation centers are experimenting with practices, making great effort to popularize mediation. A relevant draft law of Ukraine on Mediation is waiting for the second reading and there the absolute principle of mediation voluntariness has been foreseen. It’s known that making mediation mandatory to some extent promotes out-of-court dispute resolution. So the author deliberates positive and negative aspects of coercion into voluntary process of dispute resolution. The positions and many American and British mediators and researches have been discussed with the final conclusion that manda-tory mediation has some reasonability in the way it creates opportunities of communications between parties to thedispute. The recent EUCJ judgment has been analyzed whether mandatory mediation contradicts EU directive on mediation and fundamental rights. Nonwithstanding at the initial stages of legalization and institutionalization of mediation in Ukraine, taking into account the scarce numbers on mediators, absence of training and qualification systems, such alternative dispute resolution method has to be absolutely voluntary in Ukraine.
Authors and Affiliations
Н. А. Мазаракі
Keywords
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