Mediation in the activities of a legal clinic

Abstract

The article provides a theoretical analysis of the procedures for mediation by legal clinics and makes some practical recommendations for improving legislation in this area. It is noted that the issues of mediation in the activities of legal clinics are not well developed in the legal literature. The discussions are based on a number of key points. The importance of mediation and the compliance of this procedure with the provisions of the Constitution of Ukraine, international acts of the Council of Europe and the European Union are pointed out. The author notes a certain conflict between the Laws of Ukraine "On Free Legal Aid" and "On Mediation" regarding the possibility of mediation by legal clinics. The author suggests that the conflict should be resolved in favour of applying the Law of Ukraine "On Mediation" as the main special legislative act of Ukraine in this area. The author substantiates the conclusion that students and other employees of legal clinics may be involved as mediators. It is noted that although mediators are usually professional lawyers, this is not a mandatory requirement. Theoretically, mediators can be persons who have undergone basic mediation training, even students and employees of legal clinics. The author emphasises the issue of the actual absence of legal regulation of mediation by legal clinics. The author concludes that students and other employees of legal clinics may be mediators provided that they have undergone basic mediation training and the parties to the mediation do not object to this. The author argues that legal clinics should be recognised as entities providing free legal aid by considering and adopting the draft Law of Ukraine on Amendments to the Legislation of Ukraine on Recognition of Legal Clinics as Entities Providing Free Legal Aid. The author notes the need to improve the legal regulation of legal clinics, including in relation to mediation. The author suggests that the Ministry of Education and Science of Ukraine should approve a new Regulation on the legal clinic of a higher education institution.