Notarial Mediation in Ukraine: Legal Foundations, Comparative Insights, and Digital Horizons

Abstract

This study conducts a comprehensive analysis of the legal nature, procedural foundations, ethical standards, and digital perspectives for introducing mediation into Ukraine’s notarial practice. It investigates the potential of notarial mediation as an out-of-court mechanism for private disputes, with emphasis on inheritance, housing, and land matters. Through a comparative lens, the article examines experiences in France, Germany, and Italy, focusing on procedural clarity, professional ethics, and digital integration (e-identification, video communication, and blockchain). A central argument is advanced: notarial mediation can strengthen social cohesion and access to justice in Ukraine’s post-war context when coupled with robust regulation, an ethics framework, and interoperable digital infrastructure. The discussion situates notarial mediation within broader EU-aligned standards, including CEPEJ and UNCITRAL guidelines, and identifies institutional and legislative gaps that constrain implementation. Policy recommendations are offered to improve legal regulation, certify notary-mediators, develop an ethics code, and advance digital mediation capabilities. The study highlights the role of notarial mediation in post-conflict recovery and argues that, when properly regulated, it can reduce court burdens and enhance public trust in legal institutions. The conclusions are drawn from comparative doctrinal analysis and interdisciplinary perspectives, with implications for Ukraine’s legal modernization and reintegration efforts.