The law of Ukraine "on mediation" was adopted on 16.11.2021

"302 Deputies of the Verkhovna Rada of Ukraine voted for the adoption of the law of Ukraine "on mediation" in the second reading.

The law defines the legal basis and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, the requirements for its preparation, and other issues related to this procedure.

This law applies to public relations related to mediation in order to prevent the emergence of conflicts (disputes) in the future or

settlement of any conflicts (disputes), including civil, family, labor, economic, administrative, as well as in cases of administrative offenses and criminal proceedings in order to reconcile the victim with the suspect (accused).

The legislation may provide for the specifics of mediation in certain categories of conflicts (disputes).

Mediation may be carried out before applying to a court, arbitration court, international commercial arbitration or during pre-trial investigation, judicial, arbitration, arbitration proceedings, or during the execution of a court decision, arbitration court or international commercial arbitration.

Mediation does not affect the course of the statute of limitations.

Mediation is not conducted in conflicts (disputes) that affect or may affect the rights and legitimate interests of third parties who are not participants in this mediation.

The law stipulates that:

the mediation procedure will be applied in any conflicts (disputes) that arise, in particular, from civil, family, labor, economic, administrative legal relations, as well as in criminal proceedings when concluding reconciliation agreements between the victim and the suspect, the accused and in other areas of Public Relations;
individuals and legal entities will be able to apply to a mediator for mediation both before applying to a court, arbitration court, international commercial arbitration, and during judicial, arbitration or arbitration proceedings, or during the execution of a court decision, arbitration court or international commercial arbitration;
mediation will be conducted by mutual agreement of the mediation parties in accordance with the principles of voluntariness; confidentiality; independence and neutrality, impartiality of the mediator; self-determination and equality of rights of the mediation parties;
any individual who has a higher education and has completed basic training in the field of mediation in Ukraine or abroad will be able to acquire the status of a mediator;
training in the field of mediation will amount to at least 90 hours of training for a mediator, including 45 hours of practical training, and will include theoretical knowledge and practical skills on the principles, procedure and methods of mediation, legal regulation of mediation, ethics of a mediator, negotiation and settlement of conflicts (disputes);
training in the field of mediation will be provided by educational institutions, as well as organizations that provide mediation, associations of mediators, business entities of any form of ownership and organizational and legal form that have the right to provide services in the field of mediation or organize their provision in accordance with the legislation;
registers of mediators can be maintained by associations of mediators, organizations that provide mediation, as well as state and local government bodies that attract mediators or use their services.

The law defines the rights and obligations of the mediator and the parties to mediation, the procedure for conducting mediation, as well as the requirements for the mediation agreement and the agreement on the settlement of a conflict (dispute) based on the results of mediation.

The final and transitional provisions of the law amended the economic Procedure Code, The Code of Civil Procedure, the code of Administrative Procedure of Ukraine, which established the right of the court to adjourn the preparatory session if the parties decided to conduct an out-of-court settlement of the dispute by mediation, the right of the court to suspend the proceedings in the case if both parties applied for suspension of the proceedings in connection with mediation, the term of such suspension and the possibility to suspend the proceedings in the case at the stage of its consideration on the merits.

The law amended the CPC of Ukraine, the CPC of Ukraine, and the law of Ukraine «on court fees», which provide that in case of successful mediation in a dispute that is the subject of court consideration, the court will return 60% of the paid court fee to the relevant party to the court proceedings.

The draft law is registered for no3504.

302 Deputies of the Verkhovna Rada of Ukraine voted " for " the adoption of the law.