Creating a bill on mediation together

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Creating a bill on mediation together

It is under this slogan on October 16, 2019 the working group of the Erasmus + KA2 project No. 599010-EPP-1-2018-1-NL-EPPKA2-CBHE-JP “Mediation: training and society transformation / MEDIATS” jointly with the Laboratory for Mediation, Negotiation and Arbitration of the Department of Public Law carried out a creative and interactive workshop. The purpose of the event is to reveal all the legal niceties and features of the process of developing a bill on mediation and attract the young generation of future lawyers to this process.

Principles of mediation Workhop chnu law school

The event was started by the Dean of the Faculty of Law, Professor Petro Patsurkivskyy, who noted the features of the legal nature of mediation as a phenomenon and its significance in a civilized society. His speech was logically extended by the reports of the workshop participants who tried to reveal the features of the legal regulation of mediation both in Ukraine and in the world. So, Julia Usata and Nadiya Burdyak, 2nd year students revealed the problem “Scope of mediation: mediated and non-mediated disputes”, and Nazar Sheremeta, 2nd year student tried to specify the problem “Legal status of a mediator”; Julia Stratoy and Miroslava Vivchar, 2nd year students carried out a comparative study “Qualification requirements for mediators: foreign experience”; the message of Maria Kolotilo and Vladislav Pazyuk, 2nd year students who covered the topic “Mandatory mediation: for or against” received a great response.

Such interest and creativity in the approaches of second-year students forced the masters of specialization “Lawyer-mediator” to be even more original. So, Olga Kaban, Dmitro Boyko analyzed the “Principles of mediation”, indicating the relative nature of these principles and the features of their interpretation and application. Oleg Kilaru, Marina Starchuk revealed the features of “Mediation in international commercial disputes” through the prism of the interpretation of the 2019 Singapore Convention. Julia Boyarina, Yuriy Yosephiv talked about the features of “Mediation in the criminal process”; Oleg Moskal – about the “Legal status of associations of mediators”, and Katerina Strutsinska substantiated the features of the “Mediation Agreement”.

Then the most interactive part of the workshop began. Students, together with the academics of the Department of Public Law, determined, in their opinion, the mandatory sections of the future law on mediation and divided into 4 groups according to these sections and a heated discussion began regarding the content of these sections and the presentation of their individual provisions, which ended with the presentation of the developed sections of the bill on mediation by representatives development teams. The greatest resonance was the question of the advisability of combining public organizations that certify mediators and keep their registers in the Mediation Federation of Ukraine, with common requirements and a register of mediators in Ukraine. Also, students did not ignore the issue of qualification requirements for people who want to be mediators, especially emphasizing the quality training of future mediators by introducing master’s programs in mediation in higher educational institutions.

The discussion was surprisingly productive. Students did not ignore a single debatable provision of the bill.

“The European Commission’s support for the production of this publication does not constitute an endorsement of the contents, which reflect the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.”

Ruslana Havrylyuk

Head of Working group of Chernivtsi National University of the Erasmus + KA2 project “Mediation: training and society transformation / MEDIATS” ”, Head of the Department of public law