The role of mediation in ensuring access to justice

Abstract

The article analyses theoretical and practical aspects of the mediation in Ukraine and raises the problem of attributing mediation procedure to the elements of access to justice. The author analyses current national legislation, development level of mediation in Ukraine, assesses the role of court and judges in promoting mediation under the current legal framework.

The article considers the issue of emerging, formation and development of mediation as a new social institution and national statutory institution in the contemporary transitional period. The author outlines the range of legal disputes that may be resolved through mediation, these are: labour, family, economic, corporate disputes, international conflicts. Eventually mediation may be applied to various conflicts in the fields of medical, insurance, credit, travel services, education etc. Attention is drawn to the benefits of mediation for the development of partnerships and harmonization of social relations. Advantages of mediation comparing traditional justice are the following: fair, convenient, cost-effective, fast way of dispute resolution.

Specific attention is given to the opportunity of court-related mediation, and to the reasons for the infrequent use of mediation in Ukraine, and key issues of its popularization and promotion. The article focuses on the concept of integration of mediation into Ukrainian judiciary. In particular, the analysis of current legislation indicates the need for legislative regulation of the mediation. Concludes that mediation promotes access to justice and increases social trust in justice.