Mediation in Ukraine: Challenges of Peace and War

Abstract

This Article analyzes challenges of institutionalizing mediation in Ukraine before and after
the 2014 crisis, in three broad areas: (1) professionalization and regulation of mediation,
(2) development of the mediation market, and (3) integration of mediation into the court system.
Based on the findings of the qualitative empirical study, low demand for mediation services and
relatively slow development of mediation in Ukraine was conditioned by the factors of wider sociolegal
environment, such as high court efficiency coupled with corruptibility of judges, and general
political instability. However, these factors also had some positive side effects. Lack of resources,
political uncertainty, and insufficient interest on the part of the judiciary offered a span of time for
the grassroot mediation community to independently establish themselves, to mature, and to learn
the lessons of mediation regulation from other jurisdictions. Although the current armed conflict in
Eastern Ukraine has amplified environmental uncertainties, it also prompted a greater attention of
the international community to mediation in Ukraine and offered further opportunities for
Ukrainian mediators.