Legal regulation of mediators' professional training in Ukraine and Slovakia

Abstract

Introduction. An important step for deve­loping mediation as an effective way of resolving conflicts (disputes) was adopting the Law of Ukraine «On Mediation», on November 16, 2021. The attention was focused on the fact that successful mediation is impossible without highly qualified mediators. Therefore, it is necessary to pay special attention to the exploration of legal regulation of mediators’ professional training.

Problem. Mediation as an alternative to judicial proceedings is gaining popularity. Therefore, proper legal regulation of the professional training of mediators in our country is needed.

The aim of the article is to determine the features the legal regulation of mediators’ profes­sional training of in Ukraine and Slovakia.

Methods. Method of analysis and synthesis are used in the research, as well as formal legal and analytical methods. Method of analysis and synthesis are used in the research, as well as formal legal and analytical methods. The legal acts of Ukraine and Slovakia, as well as domestic scientists’ research, became the research’s information base.

Results. The study determined that mediation, with its inherent principles and rules, has several indisputable advantages compared to litigation. Based on the norms of the Law of Ukraine «On Mediation», and scientific sources, it was concluded that the key role in mediation belongs to the mediator. It is noted that a flexible and branched system of profes­sional education, which must meet the labour market requirements, is necessary to train highly qualified specialists. Problematic aspects of the legal regulation of professional training of mediators have been identified, as well as ways to eliminate them. The norms of the Law of the Slovak Republic «Coll. on Mediation and on the Amendment of Certain Acts», which regulate the professional training of mediators, were analysed, and we also identified the main positive aspects of these norms.

Conclusions. The main source of legal regu­lation of professional training of mediators in Ukraine is the Law of Ukraine «On Mediation». It emphasised the need to amend the Law mentioned above regar­ding the status of a mediator and his professional training. It was also considered the possibility of taking into account certain provisions of the Law of the Slovak Republic «Coll. on Mediation and on the Amendment of Certain Acts», to improve domestic legislation.