In August 2019, Ukraine was one of the signatories of the United Nations Convention on International Settlement Agreements Resulting from Mediation in Singapore (the Singapore Mediation Convention). The Convention guarantees enforcement of settlements reached by the parties during mediation process in international commercial disputes. For Ukraine to fulfill its obligations under the Convention, the mediation institute needs to be established as soon as possible.
On 14 September, Advisor to the ICAC President Ms. Olga Kostyshyna was invited to take part in the panel discussion “Gap-analysis of the implementation of the mediation institute in Ukraine” organized by the EU-funded Project “Pravo-Justice”. Ms. Kostyshyna emphasized that the ICAC is ready to provide mediation services to its users, and explained the sequence of steps that Ukraine and the ICAC are taking towards the launch of a full-fledged mediation institution:
At the state level:
- Ratification of the Singapore Mediation Convention.
Why it is important: Ratification of the Convention ensures effectiveness of mediation tools for all parties, enabling the enforcement of settlements reached at mediation in state courts.
- Adoption the Law of Ukraine “On Mediation”.
Why it is important: the draft law establishes that mediation services can be offered both by associations of mediators and other organizations, such as an arbitration institution. Thus, the adoption of the law creates legal basis for launching mediation services in international commercial disputes resolved at the ICAC.
At the ICAC level:
- Development of the Mediation Rules.
Status: The ICAC is currently finalizing Mediation Rules, which will govern the procedure of mediating commercial disputes.
- Development of amendments to Arbitration Rules.
Status: The ICAC has started working on amendments to the Arbitration Rules introducing two hybrid proceedings – Arb-Med-Arb and Med-Arb.
- List of recommended mediators
Status: The ICAC is currently working on evaluation criteria for mediators.
Thus, the prospects of implementing of the mediation institute in Ukraine are quite promising. Mediation services in international commercial disputes at the ICAC will be available to all parties after the adoption of the Law of Ukraine “On Mediation”. At the same time, the professional arbitration community is feeling optimistic about mediation in commercial disputes.
For reference: The ICAC was part of the Working Group drafting the Law of Ukraine “On Mediation” and recommendations for ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation at the Ministry of Justice of Ukraine.