LEGAL REGULATION OF MEDIATION IN UKRAINE: CURRENT STATE, CHALLENGES OF PRACTICAL IMPLEMENTATION, AND PROSPECTS FOR DEVELOPMENT

Abstract

The purpose of this study is to examine the current state of the regulatory framework governing mediation in Ukraine, identify the key challenges associated with its practical implementation, and substantiate prospective directions for its further development in accordance with international and European standards.

The research is based on a combination of general scientific and special legal methods, including the dialectical, formal legal, comparative legal, systemic-structural, logical-legal, and generalization methods. Their application enabled a comprehensive analysis of legislation, scholarly approaches, and practical aspects of the functioning of the mediation institution.

The study establishes that the current legislative framework has created appropriate legal prerequisites for the development of alternative dispute resolution and for harmonizing national regulation with European approaches. At the same time, the effective application of mediation is constrained by an insufficient level of legal awareness, limited public understanding of its advantages, underdeveloped institutional infrastructure, the absence of a comprehensive system for the professional training of mediators, and the limited integration of mediation procedures into judicial practice. The findings substantiate the pivotal role of professional ethics in mediation and emphasize the necessity of improving the legislative framework, developing professional training programmes, expanding the network of specialized mediation centres, and implementing digital mechanisms for mediation.

The study demonstrates that the further development of mediation requires a comprehensive improvement of the regulatory framework, strengthening institutional support, harmonization with international standards, and wider application of out-of-court dispute settlement mechanisms. The implementation of these measures will contribute to improving access to justice, enhancing public trust in legal institutions, and fostering the development of a modern legal culture.