Access to justice: the role of mediation in war and post-war times

Abstract

Introduction. The war in Ukraine highlighted the need to ensure effective cooperation between courts and mediators, to strengthen the role of mediation in the dispute resolution system.

Problem. The current situation in the dispute resolution system in Ukraine requires the determi­nation of directions for closer cooperation between courts and the community of mediators in order to effectively meet the needs of Ukrainian citizens in resolving civil and economic disputes.

The aim of the article is to justify sustainable and effective forms and methods of cooperation between the judicial system and the community of mediators of Ukraine in the conditions of wartime and post-war reconstruction of Ukraine.

Methods. The research used doctrinal analysis of legal sources, empirical analysis, methods of analysis, synthesis, deduction, etc.

Results. The war-related problems of the nation’s judicial system have highlighted its long-standing problems, some of which could be resolved by mediation. However, there is still no effective cooperation between mediators and courts. At the same time, the Ukrainian community of mediators is able to mediate a large number of disputes, providing high quality services, including online. However, it actually develops separately from the judicial system, although it should be integrated into it. The limited resources of the judicial system determine the need for an active role of the courts in informing the parties to the dispute about mediation.

Conclusions. Ukrainian procedural law is sufficiently favourable for the settlement of disputes at any stage of the court process, and the mediation community is ready to assist the parties. The number of inheritance and family cases will increase due to human losses and migration. The low level of awareness about mediation leads to distrust in this method of dispute resolution, so the expected «new wave of disputes» can be effectively overcome only on the basis of timely and proper preparatory work.

Courts should actively promote mediation. The need to develop a unified communication strategy on mediation issues is obvious. Coordinated actions of the courts and the mediation community will create the necessary basis for the implemen­tation of the legislative provisions on the obligation of pre-trial settlement of disputes in certain categories of disputes.