INTERNATIONAL PRACTICE IN IMPLEMENTATION OF MEDIATION

Abstract

Abstract. In connection with the adoption of the Law of Ukraine “On Mediation” dated December 16, 2021, it is relevant to consider the international practice of implementing the institution of mediation in order to understand this phenomenon, its further development and improvement in our country. To achieve this goal, general scientific methods of research of international legal acts (analysis, analogy), comparison of the experience of the international community in the implementation of mediation in dispute resolution (USA, EU, Japan, etc.) were used. Mediation is a common and effective way to resolve various disputes/conflicts around the world, and intellectual property is an important intangible asset of a company. Most often, disputes regarding the rights of objects of intellectual work arise in pharmaceuticals, medicine, IT business, publishing, and the cultural sphere. Conflicts may arise regarding agreements on the disposal of intellectual property objects (license agreements and agreements on alienation of rights), authorship, joint creation and use of the results of intellectual work, non-contractual use. Mediation, as an out-of-court method of conflict resolution, is conducted under conditions of confidentiality with the participation of a neutral mediator who helps the parties reach reconciliation. In this case, it is not only an opportunity to avoid significant financial costs that usually arise in connection with court proceedings, but also an opportunity to save time. In the world, the practice of applying the mediation procedure to resolve disputes regarding intellectual property objects has a rather ancient history and is popular. And international experience in this field will be useful for improving Ukrainian legislation, bringing our state closer to international quality standards of the mediation institute, and with it international quality standards of intellectual property rights regulation in general.