According to the Secretariat
of the Committee, the participants of the October 20 meeting were member of the
Committee/people's deputy Dmytro Storozhuk, mediator, expert of the USAID Fair
Justice project Bill Marsh, legal advisor of the USAID FAIR Justice Project
Olha Nikolaeva, president of the Ukrainian National Association of Mediators
Diana Protsenko, representatives of the Committee Secretariat.
The meeting participants
discussed of the issues of improvement of the system of justice in Ukraine
through the introduction of mediation (non-judicial dispute settlement), as
well as the expediency of its judicial regulation, global experience in
mediation, experience in application of mediation at courts role of mediation
in non-judicial settlement of disputes, implementation of mediation agreements,
etc.
People's deputy Dmytro
Storozhuk noted that a part of the judicial reform is the mediation as a
procedure alternative to the judicial procedure. It should come to Ukraine
naturally, it shouldn't be forced in. He said that the draft laws registered by
the Parliament under Nos. 2480 and 2480-1 had certain defects. In particular,
in his words they lacked certain levers and guards able to facilitate the
introduction of mediation in the country. Besides, there is a risk of
non-fulfillment of mediation agreements in Ukraine. According to the people's
deputy, the major issue in this process is to create conditions to make
mediation realistic.
Expert of the USAID Fair
Justice project Bill Marsh gave the details on three world's models of
mediation in criminal cases, and focused on the necessity for amendments to
effective legislation in case some of the said models were picked. Besides the
expert informed about the experience in application of the mediation in
administrative cases. In compliance with the decision of the British
Government, in case of a dispute, one party in which is the state and another
party asks to conduct mediation, the state should agree for that. Taking an
account the experience of foreign countries, the expert drew attention to the
fact that projecting the opportunity to use mediation in criminal and
administrative cases in Ukraine is a political issue and that is not only possible,
but also useful for the state.
Given the examples of other
countries, Bill Marsh noted that not always the number of conducted mediation
procedures depended on their judicial settlement. Besides, the expert noted
that in compliance with statistics, the number of complaints against actions of
mediators was very low.
The
meeting participants pointed to the necessity to develop mediation in Ukraine
and advocated further cooperation.
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