Mediation in the world and in Ukraine: history, development, and current perspectives

Abstract

Although mediation is considered one of the most popular ways of consensual dispute resolution, for many years, mediation in Ukraine had no legislative regulation. This was one of the obstacles that restrained the development of alternative dispute resolution in Ukraine, even though the mediation community had been growing. Eventually, the Law of Ukraine “On Mediation” was adopted on November 16, 2021. This article presents diverse approaches towards adopting and perceiving mediation in the world, particularly in the EU, USA, and Ukraine. The formation and legislative integration of mediation, including the comparison of primary sources, legal documents, and scientific approaches, is analyzed. This article is devoted to the distinctive features of the new Ukrainian legislative mediation regulation that are decisive for the national mediation model.