FEATURES OF ONLINE MEDIATION PROCEDURE FOR RESOLVING COMMERCIAL DISPUTES

Abstract

The article is devoted to the growing importance of online mediation in resolving commercial disputes in Ukraine, especially in the context of full-scale aggression by the Russian Federation. The study analyzes the prerequisites for the growing popularity of online mediation. In addition, the legal framework for mediation in Ukraine is briefly described, including the analysis of commercial procedural legislation, a special law regulating the mediation procedure, and documents of public organizations.

The current state of mediation in commercial disputes is also analyzed. In addition, the author analyzes the positions of national scholars on the essence of online mediation. It is found that, given the current conditions, the idea of the need to introduce online mediation is gaining ground in scientific circles.

The international experience of introducing online mediation for resolving commercial disputes was considered in detail, in particular, the successful case of Singapore was cited as an example, and the experience of the United States of America was outlined. The experience of the European Union is analyzed in chronological order. First of all, the author examines the fundamental document that is the legal basis for mediation in the EU, and also outlines the provisions of the newer EU acts that regulate the online mediation procedure.

In addition, the author identifies the advantages and disadvantages of the online mediation procedure.The authors find that the main disadvantage of online mediation is the emergence of risks related to confidentiality. The advantages are greater accessibility, efficiency, time saving and cost-effectiveness.

The authors argue for the need to develop a comprehensive legal framework for proper legal regulation of online mediation in Ukraine. The authors also emphasize the need to set requirements for the proper maintenance of the principle of confidentiality in online mediation, as well as the use of secure digital platforms. The author emphasizes the importance of professional training of mediators to work with secure digital platforms.