Ethical and legal standards of mediation and their implementation in Ukrainian legislation: international experience and national perspectives

Abstract

The article is devoted to the study of modern Ukrainian and international ethical and legal standards of mediation, which is important in the context of implementation of Ukrainian legislation in line with European norms. Mediation is seen as an effective tool for alternative dispute resolution that can reduce the burden on the judicial system and increase the efficiency of justice. The author analyses national and international standards, in particular the European Code of Conduct for Mediators, EU Directive 2008/52/EC and the UNCITRAL Model Law, which define the basic ethical principles of mediation. The article examines the Law of Ukraine ‘On Mediation’ (2021) and the Code of Professional Ethics for Mediators (2022), identifies key ethical requirements for mediators and problems that need to be addressed, including training and certification of mediators, and financial accessibility of procedures for different social groups. The relevance of the study is due to the growing importance of mediation as a tool for peaceful conflict resolution in the global legal environment. Mediation helps to relieve the workload of the courts, reduce the cost of litigation and maintain positive relationships between the parties. In Ukraine, its implementation is an important step in the context of European integration, but there are challenges related to the need to improve the regulatory framework and create infrastructure for the effective functioning of this instrument. The purpose of the study is to analyse the ethical and legal standards of mediation, assess their integration into Ukrainian legislation and identify areas for improving the legal framework. The study revealed gaps in the legislation, including the absence of a unified Code of Ethics for mediators, which complicates the training and certification of specialists. Another important problem is the lack of financial accessibility of mediation for the population. However, Ukraine has already implemented key ethical principles, such as confidentiality and voluntariness, which are in line with international standards. Prospects for further research include the development of a national training programme for mediators, improving ethical standards and adopting the Code of Ethics for Mediators at the legislative level. This will facilitate the development of mediation in Ukraine and its effective implementation in the legal system.