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of November 16, 2021 No. 1875-IX

About mediation

This Law determines the legal basis and procedure for carrying out mediation as extrajudicial procedure of settlement of the conflict (dispute), the principles of mediation, the status of mediator, the requirement to its preparation and other questions connected with this procedure.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) the agreement on mediation - the service provision agreement on carrying out mediation for the purpose of prevention or settlement of the conflict (dispute) concluded by the parties of the possible or existing conflict (dispute) and mediator (mediators) in approved by them to oral or written form which conforms to requirements of the law;

2) mediator - specially prepared neutral, impartial, impartial physical person which carries out mediation;

3) the mediation agreement - the written agreement of participants of legal relationship about method of settlement of all or certain conflicts (disputes) which arose or can arise between them, by carrying out mediation. The mediation agreement can be signed in the form of mediation clause in the agreement or in the form of the free standing agreement;

4) mediation - the extrajudicial voluntary, confidential, structured procedure during which the parties by means of mediator (mediators) try to prevent origin or to settle the conflict (dispute) by negotiations;

5) consolidation of mediators - the voluntary consolidation formed according to the Law of Ukraine "About public associations" for implementation and protection of the rights and freedoms of members of such consolidation and/or development of mediation, and/or assistance to implementation of culture of peaceful resolution of the conflicts (disputes), and/or implementation of professional self-government of mediators and/or for ensuring provision of service in mediation;

6) rules of carrying out mediation - the procedure and technique of carrying out mediation, the right and obligation of participants of mediation defined by the agreement on carrying out mediation or approved by the subject providing carrying out mediation according to requirements of this Law;

7) the parties of mediation - physical, legal entities or groups of persons who addressed mediator (mediators) or the subject providing carrying out mediation for the purpose of prevention or settlement of the conflict (dispute) between them by carrying out mediation and signed the agreement on carrying out mediation;

8) the subject providing carrying out mediation - the legal entity of any form of business who provides provision of service in mediation also keeps the register of mediators;

9) the agreement on results of mediation - the agreement which fixes result of the arrangement of the parties of mediation in the oral or written form approved between them taking into account requirements of the law;

10) participants of mediation - mediator (mediators), the parties of mediation, their representatives, legal representatives, defenders, the translator, the expert and other persons determined by agreement of the parties of mediation.

Article 2. Legislation on mediation

1. The legislation on mediation is based on the Constitution of Ukraine and consists of this Law and other regulatory legal acts.

2. If international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, provide other rules, than those that are established by this Law, rules of international treaties of Ukraine are applied.


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