DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION SINCE UKRAINE’S INDEPENDENCE

Abstract

This research paper focuses on the development of alternative dispute resolution from the beginning of independence to the present day. The author analyzes the main steps in the formation of mediation, arbitration, negotiation, and other methods. The author also examines the influence of the former USSR on the development of alternative dispute resolution in Ukraine and the factors that hinder the development of conciliation procedures. These are the worldview beliefs of citizens as well as a lack of trust in mediators involved in reconciliation and a hostile perception of such persons. It is also the stereotype that the court is the only way to resolve a dispute. Ukraine has already established a number of organizations engaged in reconciliation and adopted the first regulatory acts on alternative dispute resolution (e.g., the Law of Ukraine «On Mediation» and the Law of Ukraine «On Arbitration Courts»). The right of citizens to freely choose how to protect their rights is one of the key trends in Ukraine. However, our legislation lacks detailed procedures, and much work is still needed to adapt Ukrainian legislation on alternative dispute resolution to the realities of the martial law regime. In the author’s opinion, a new stage of development is the creation of opportunities for remote dispute resolution, the development of online platforms and the adaptation of Ukrainian legislation to EU standards. These steps would make it possible to resolve disputes in situations where, for example, one of the parties to a dispute permanently resides abroad due to hostilities on the territory of Ukraine. The development of alternative dispute resolution will also help to overcome the problems of court overload, and lengthy proceedings, and will allow the parties to the dispute to save time and money. Another important step is to continue legal education and dissemination of knowledge about mediation, arbitration, conciliation, negotiation, and other methods, as well as the benefits and effectiveness of these methods.