200
www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.70.10.18
How to Cite:
Teremetskyi, V., Tokarieva, K., Myronenko, M., Mishchuk, I., Melnychuk, Y. (2023). Mediation in administrative and legal
disputes in Ukraine: a European perspective. Amazonia Investiga, 12(70), 200-209. https://doi.org/10.34069/AI/2023.70.10.18
Mediation in administrative and legal disputes in Ukraine: a European
perspective
Медіація в адміністративно-правових спорах в Україні: європейська перспектива
Received: September 30, 2023 Accepted: October 29, 2023
Written by:
Vladyslav Teremetskyi1
https://orcid.org/0000-0002-2667-5167
Kseniia Tokarieva2
https://orcid.org/0000-0001-5705-5211
Maryna Myronenko3
https://orcid.org/0000-0002-7936-5242
Inna Mishchuk4
https://orcid.org/0000-0002-1491-161X
Yuliia Melnychuk5
https://orcid.org/0000-0003-1569-1986
Abstract
The purpose of the article is to study the foreign
and Ukrainian experience in the development of
the institution of mediation in administrative and
legal disputes. Research methods are analysis,
synthesis, generalization, analogy, comparative
law, analysis of court practice, and others. The
article examines the requirements for a
professional mediator as an element of the
effectiveness of mediation in administrative-
legal disputes and the European experience of
normative-legal consolidation of the
organization of mediation in administrative-legal
disputes. The authors analyze the possibility
of involving a notary as a qualified lawyer and
mediator, especially in public legal disputes. The
study provides examples of successful mediation
implementation practices in the United States
and European Union countries. In addition, the
authors emphasized the need for institutional
mediation to resolve administrative-legal
1
Doctor in Law, Professor, leading research scientist of the Department of International Private and Comparative Law, Academician
F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine,
Kyiv, Ukraine. WoS Researcher ID: Y-1755-2018
2
Doctor of Law, Associate Professor of the Department of Constitutional and Administrative Law, Faculty of Law, National Aviation
University, Kyiv, Ukraine. WoS Researcher ID: AFA-3327-2022
3
A graduate student of the National Aviation University, Department of Administrative Law and Procedure, Kyiv, Ukraine.
WoS Researcher ID: JNR-4270-2023
4
Ph.D. in Law, Associate Professor, professor of the Department of Constitutional Law and branch disciplines of the Educational-
Scientific Institute of Law, National University of Water Management and Nature Engineering, Rivne, Ukraine. WoS Researcher
ID: JNS-3473-2023
5
Ph.D. in Philosophy, Associate Professor, associate professor of the Department of Legal Environmental Disciplines of Educational-
Scientific Institute of Law, National University of Water Management and Environmental Engineering, Rivne, Ukraine.
WoS Researcher ID: C-7438-2019
Teremetskyi, V., Tokarieva, K., Myronenko, M., Mishchuk, I., Melnychuk, Y. / Volume 12 - Issue 70: 200-209 / October, 2023
Volume 12 - Issue 70
/ October 2023
201
http:// www.amazoniainvestiga.info ISSN 2322- 6307
disputes, taking into account their complexity,
using France’s experience to improve public-
legal relations in Ukraine. It has been
emphasized that mediation helps to reduce the
burden on the judicial system, ensures a faster
and more efficient resolution of administrative
cases, and helps preserve the relationship
between the parties, building trust between the
state and the citizen.
Key words: mediation, legal aid, administrative-
legal dispute, subject of authority, public-legal
relations, notary, institutional mediation.
Introduction
As it is known, the term mediation refers to a
negotiation process between several parties to a
disputed legal relationship under the guidance of
a neutral, impartial, and independent mediator
with the aim of resolving the conflict and settling
the dispute. Ukraine’s modern administrative and
legal space faces various challenges and
problems that require a competent and effective
solution. Considering ways to improve the
judicial system of Ukraine, domestic scientists
today emphasize the relevance of additional
means of ensuring access to justice, which
became significantly more difficult during the
war and in the conditions of a potential reduction
in state spending on financial and technical
support of the judiciary (Teremetskyi et al., 2023,
p. 40).
One of the possible strategies for resolving such
conflicts is using mediation as a tool for dialogue
and conflict resolution. It is important to note that
the effectiveness of mediation has already
received recognition in the countries of the
European Union, where the use of mediation is
actively recommended as the primary method of
alternative dispute resolution both at the pretrial
resolution stage and during the trial (Turchak,
2017, p.176). Implementing mediation in
administrative and legal disputes in Ukraine
complies with European norms and
recommendations, particularly Recommendation
(Committee of Ministers of the Council of
Europe, 2001). An important stage in
establishing mediation was the adoption of
Guidelines No. 15 by the European Commission
on the effectiveness of justice for better
implementation of the Recommendation
(Council of Europe, 2007). The specified
normative legal acts significantly contributed to
the normative legal support of the mediation
process in administrative cases in Ukraine as well.
Additionally, an essential step in the
development of mediation was the signing of the
Singapore Convention (Singapore Convention
on Mediation Website, 2021), which regulates
the procedures for executing mediation
agreements in international commercial disputes.
By their nature, public legal disputes are a
complex category since one of the parties is an
entity endowed with mighty powers. Therefore,
there is an objective difficulty in applying
mediation procedures in these cases. In this
context, the concept of "mediability", which has
a broad and narrow interpretation, is relevant. In
a narrow sense, mediability is defined as the
mediator's assessment of the suitability of a
specific dispute for resolution using mediation
methods. In a broad sense, the term means an
assessment of the general suitability of categories
of disputes for resolution through mediation
procedures, which is determined by the legal
culture of a society or legislation (Tokarieva,
2021, p. 194). Mediability must be considered a
critical aspect in determining suitability for
mediation settlement of public legal disputes.
During the adoption of the legislation on
mediation in Ukraine, one of the controversial
issues was the possibility of using mediation in
public legal disputes where the authorities are
one of the parties. Separate draft laws provided
for the limitation of the use of mediation only in
private-law spheres, which meant the prohibition
of solving public-law conflicts through
mediation.
After the adoption of the Law of Ukraine "On
Mediation" (Law of Ukraine No. 1875-IX,
2021, article 3) and the introduction of relevant
changes to the Code of Administrative Procedure
of Ukraine (Code of Ukraine № 2747-IV, 2023),
the specified issue has received a legal basis, and
202
www.amazoniainvestiga.info ISSN 2322- 6307
discussions on mediability have been completed.
Therefore, the Law "On Mediation" is currently
in force in Ukraine, which defines a wide range
of the use of mediation in various spheres. The
effect of its provisions extends to social relations
related to mediation to prevent the occurrence of
conflicts (disputes) in the future or to settle
various types of conflicts, including civil, family,
labor, economic, and administrative, as well as
cases related to administrative offenses and
criminal proceedings to reconcile the victim with
the suspect (accused) (Law of Ukraine
No. 1875-IX, 2021, article 3).
Despite such a broad scope of application, the
legislation allows for further regulatory
consolidation of the features of mediation
procedures in specific categories of conflicts
(disputes), which, to a certain extent, indicates
different degrees of mediability of certain types
of disputes. In addition, even before the adoption
of the mentioned legal act, the Opinion of the
Main Scientific and Expert Department of the
Parliament of Ukraine regarding the draft Law
"On Mediation" No. 2425a-1 of 2013 indicated
the impracticality of using mediation in disputes
where the state, territorial community, their
bodies, state and communal enterprises, as well
as in cases of administrative offenses were one of
the parties to the dispute (Conclusion on the
Draft Law of Ukraine No. 3504, 2020).
Considering the above, the article aims to
analyze the possibilities and prospects of using
mediation in resolving administrative and legal
conflicts in Ukraine. The country’s modern
administrative and legal space is filled with
numerous challenges, and mediation is an
essential tool for resolving conflicts and ensuring
dialogue between the authorities and citizens. A
vital lever for this direction is the recognition of
the effectiveness of mediation in the EU and
support for its use as an alternative method of
dispute resolution.
Literature Review
The study of mediation in administrative law
disputes includes an analysis of various aspects
of this topic with the help of multiple sources that
examine the mediation procedures and their role
in resolving conflicts in the field of
administrative law.
In the article "Legal status and acquisition of
qualifications of a mediator. Legal comparative
analysis of regulatory acts in Spain and Poland"
by M. Dąbrowski, W. Broński, M. Concepción,
Rayón Ballestero examines the issue of the legal
status and qualification procedure of mediators in
Spain and Poland (Dąbrowski et al., 2023). This
study provides an opportunity to compare the
regulatory acts of the specified countries and to
understand the peculiarities of their approach to
the formation of professionals in the mediation
field, including administrative law.
K. Tokarieva's dissertation "Administrative-legal
Regulation of Mediation: Current State and
Development Trends" details the legal regulation
of mediation in public-law disputes in Ukraine
(Tokarieva, 2021). Analyzing the current state
and development trends of this type of alternative
dispute resolution, the author considers
international experience and the influence of
legislation on mediation in Ukraine.
In their work, A. Kalisz and A. Serhieieva
consider the issue of mediation in administrative
law in Poland and Ukraine (Kalisz & Serhieieva,
2023). Comparing the experience of these two
countries, scientists identify standard and
distinctive features of judicial-administrative
mediation.
K. Kułak-Krzysiak and P. Śwital reveal
mediation as a tool of state management in
resolving administrative conflicts
(Kułak-Krzysiak & Śwital, 2023). The authors
analyze the role of mediation in the interaction
between state bodies and citizens in
administrative disputes.
The work of J. Klaus Hopt and F. Steffek
includes a comprehensive analysis of the
principles and regulation of mediation from a
comparative perspective (Hopt & Steffek, 2013).
Researchers examine various aspects of
mediation procedures and their impact on dispute
resolution.
V. Kondratenko examines mediation's
organizational, legal, and procedural aspects in
Ukraine's administrative proceedings
(Kondratenko & Kovalenko, 2023).
Therefore, the general approach to the study of
mediation in administrative and legal disputes
considers international and Ukrainian
experience, providing comprehensive ideas
about the problems of implementing extrajudicial
procedures in legal conflicts with subjects of
authority.
The analyzed works indicate a great scientific
interest in mediation as a socio-legal
phenomenon and allow us to single out the best
Volume 12 - Issue 70
/ October 2023
203
http:// www.amazoniainvestiga.info ISSN 2322- 6307
European practices for its introduction into the
national system of Ukraine.
Methodology
The object of the study is social relations that arise
in the process of regulatory and legal settlement and
the use of mediation in administrative and legal
disputes as an effective means of resolving conflicts
between administrative bodies and private
individuals.
Mediation is a voluntary and confidential process in
which a neutral third party helps disputing parties
negotiate a mutually acceptable solution.
The research analyzes legal acts related to
mediation in the administrative and legal spheres.
In particular, it includes the Constitution of
Ukraine, the Law of Ukraine "On Mediation”,
the UN Convention on International Settlement
Agreements as a result of mediation,
recommendations of the European Union on the
better use of mediation, as well as similar legal
acts of other countries where mediation has
already been implemented in the administrative -
legal practice.
The research uses general scientific and unique
methods of scientific knowledge related to the
research subject.
General scientific methods include analysis,
synthesis, analogy, and generalization. The
analysis allows you to consider individual
research components and identify their
characteristics and relationships. Synthesis
allows the combination of the received data into
a single system, drawing conclusions and
generalizations. Analogy allows us to conclude
the similarity of legal systems based on similar
features. Generalization and a systematic
approach contribute to the understanding of the
subject as a complex structure where all elements
interact with each other.
Particular methods include various types of
scientific analysis: comparative legal analysis,
analysis of judicial practice, and documentary
analysis. Legal analysis allows you to investigate
the legal framework that regulates the use of
mediation in administrative and legal spheres.
Comparative analysis contributes to studying the
practice of using mediation in different countries
and identifying standard and distinctive features.
The analysis of judicial practice involves the
study of specific cases of mediation to resolve
administrative and legal conflicts. Documentary
analysis includes the study of scientific
publications, articles, legislative acts,
dissertations, and other documents containing
information about mediation in administrative
and legal spheres.
The combination of these methods allows for a
comprehensive study of the effectiveness of
mediation in the administrative and legal sphere,
taking into account international and Ukrainian
experience.
Results and Discussion
Requirements for a professional mediator as
an element of the effectiveness of mediation in
administrative and legal disputes.
The implementation of mediation in
administrative proceedings is successfully
practiced in many European countries. It is
important to note that European mediation
models do not have a universal character and are
conceptual guidelines for further improvement of
mediation practice in Ukraine. However,
adjustments and adaptations can achieve optimal
results considering the specific features and legal
realities of Ukrainian administrative justice.
Thus, alternative methods of resolving
administrative disputes have long been
established in the judicial systems of countries
such as Great Britain, Ireland, Germany, France,
the Netherlands, Norway, and others
(Melnychuk, 2022, p. 78).
Ukrainian legislation, namely Clause 2 of Part 1
of Article 1 of the Law of Ukraine "On
Mediation", defines a mediator as a specially
trained, neutral, independent, and impartial
natural person who carries out the mediation
procedure (Law of Ukraine No. 1875-IX, 2021,
article 1). According to 3(b) of Directive
2008/52/EC of the European Parliament and the
Council, the term "mediator" defines any third
person invited to conduct the mediation
procedure in a practical, impartial, and
competent manner. This term applies regardless
of the religion or profession of such third party in
the Member State concerned and the method by
which he was appointed or invited to mediate
(Official Journal of the European Union, 2008).
Considering the complexity of administrative
and legal disputes, during the mediation, more
attention is paid to legal aspects than to
emotional ones, and the issue of requirements for
the professional level of a mediator is relevant.
204
www.amazoniainvestiga.info ISSN 2322- 6307
The United States has different requirements for
mediators, depending on the specific state and
scope of mediation. For example, to be listed on
the Arkansas Mediator Registry, you must
complete a mediation training program of at least
40 hours within five years of applying for
certification. Additionally, educational
requirements include a graduate degree at the
master's level or higher or a juris doctorate
(Online Master of Legal Studies Website, 2021).
Courts and mediation centers may also set
additional requirements for the mediator's
experience depending on the circumstances of
the dispute. Most states require a certain number
of completed mediation cases or hours of
mediation activities under the supervision of a
mediator mentor. In addition, some states require
a law degree to be recognized as a mediator, and
in some cases, especially family mediators, a
bachelor's degree may be required. For example,
in New Jersey, common criteria include 40 hours
of basic mediation training, five hours of
mentoring, and a bachelor's degree. In particular,
the criteria for admission to the judicial list of
mediators may differ significantly depending on
the region and type of mediation.
Modern practice in the USA shows that
mediation and other alternative methods of
conflict resolution have become an integral part
of the legal system. Mediation is so widespread
that more than 90% of disputes are resolved with
its help. More than 2,000 law firms have
committed to providing mediation services, and
companies routinely include clauses in their
contracts and employment agreements requiring
a mediation process before settling a dispute in
court (Apalkova, 2021, p.18).
The American mediation model has a unique
value within our research framework. It contains
exciting elements that can serve as an example
for the further development of the Ukrainian
model of mediation in the administrative process.
In particular, the mediation procedure introduced
by the court is carried out by specialized services
or other administrative bodies at the level of
municipalities. Mediators working in these
services carry out the process of reconciliation
based on the analysis of psychological and legal
aspects of the relationship between the parties. In
the most complex conflicts, mediators can
completely regulate the interaction between the
parties or organize it only in the presence of
lawyers.
In Hungary, the requirements for mediators
include a higher education, a minimum of five
years of professional experience, successful
completion of specialized training for mediators,
no criminal record, and no restrictions on
mediation activities. Registration of mediators
and mediation centers is carried out by the
Ministry of Justice of Hungary (Fihun, 2021,
pp. 22-23).
On the other hand, in Ukraine, the legislation
stipulates several critical requirements for a
mediator. First, a mediator can be someone who
has undergone basic training in Ukraine or
abroad. The second important point is excluding
persons with a criminal record, limited civil
capacity, or incapacity. Also, the parties to the
dispute, including subjects of power, can set
additional requirements for mediators,
considering each case’s specifics. In addition,
associations of mediators and entities organizing
mediation may impose additional requirements
for the persons they register on their lists.
Thus, the requirements for mediators in each
country are determined to ensure a high
professional level and reliability of the mediation
process. Each national legal system produces its
approaches and criteria for determining the
person who can act as a mediator and the
requirements for him.
It should be noted that the success of the
mediation process largely depends on the
competence and professionalism of the mediator.
Therefore, it is advisable to consider the
possibility of involving a notary in the role of a
mediator. As an experienced lawyer, a notary has
excellent potential in simplifying the mediation
process and ensuring reliability and objectivity in
resolving disputes, especially in the context of
public-law relations. Such a specialist also enjoys
the trust of citizens, which is an essential aspect
of successful mediation.
In our opinion, in public legal disputes, the
notary-mediator should become a key figure who
plays a vital role in resolving conflicts between
administrative bodies and private individuals.
This approach is particularly relevant since
administrative cases in which authorities are one
of the parties can be particularly complex and
require competent mediation activities.
The notary mediator has a legal education and
considerable experience in the legal field,
allowing him to act as an objective mediator in
resolving administrative disputes. In addition,
notaries have a high degree of trust in the eyes of
citizens, as their duties include providing legal
services and certification of legal acts. Such
functions make them ideal mediators in
Volume 12 - Issue 70
/ October 2023
205
http:// www.amazoniainvestiga.info ISSN 2322- 6307
situations where one of the parties is a
government body with a qualified legal service.
A notary mediator can build bridges of
communication and reconciliation between
administrative bodies and private individuals
thanks to his professional skills and neutrality.
European experience of regulatory
consolidation of the organization of mediation
in administrative and legal disputes.
Mediation in Ukraine extends to various fields of
application and has already found its legislative
consolidation. A similar approach is enshrined in
law in Poland. There, administrative mediation is
enshrined in legislation in both horizontal and
vertical dimensions. Thus, the use of mediation
is possible both between the parties to the
conflict (horizontal dimension) and between the
parties and the public body before which the case
is being considered and which is a participant in
the legal process (vertical dimension) (Kalisz &
Serhieieva, 2023, p.133). In Poland, there are
mediation centers and organizations that provide
mediation services and facilitate mediation
procedures in cases related to administrative
matters. These organizations usually involve
qualified mediators who specialize in
administrative matters.
In Belgian law, the Mediation Act 2005 covers
all types of mediation, including administrative
and legal disputes. Public organizations may
conclude mediation agreements in accordance
with the requirements of the law or decrees of the
Council of Ministers. The issue of the
participation of government officials in the
mediation procedure is discussed, and the
authority for this is granted by internal
regulations (Federal Justice Public Service,
2005).
One of the forms of mediation in public legal
disputes in Belgium is the use of special
ombudspersons, such as the Public Services
Ombudsman, the Public Authority Ombudsman,
the Insurance Ombudsman, and others. A citizen
unilaterally initiates this type of mediation
through an appeal to the Ombudsman. It is
important to note that the Ombudsman does not
have the power to overturn an administrative
decision but can send a negative report with
recommendations to a higher authority, namely
the Minister (Vandenhende et al., 2016, p.3).
In general, mediation can be used in cases of
administrative sanctions for minors. The Law on
Municipal Entities provides that municipalities
may use mediation to resolve issues of violation
of municipal regulations that may result in
administrative sanctions. In a successful
mediation, the competent administrative body
has the right to mitigate the sanction (Official
Web Site of Valia - Wallex, 2018).
Hungary has an Act that enables administrative
authorities to take steps to reach an agreement
between interested parties in cases where
possible. If such an attempt is successful, the
administrative bodies officially record the
concluded agreement and include it in their
decision (Vértesy, 2022). The mediation process
in the system of the specified country is carried
out by specially trained probation officers, whom
the Central Bureau of Justice coordinates under
the Ministry of Justice. Disputes subject to
mediation are submitted for consideration by
judges, prosecutors, and parties' representatives,
especially in cases where the punishment for the
committed offense does not include
imprisonment for more than five years (Dubovik,
2015, p. 303).
Within the administrative proceedings in Poland,
mediation can be used in various cases related to
property and legal issues, such as neighborhood
conflicts, consolidation of land plots, disputes
regarding building conditions and permits, and
infrastructure investments. Also, mediation can
effectively resolve disputes in concessions,
business licensing, environmental protection,
agricultural and industrial issues, and tax and
customs duties. In addition, it is essential to note
that mediation can help resolve social security
and other complex conflicts where the parties
have diverse but partially similar interests and
cases involving personal situations and factual
circumstances (Kalisz & Serhieieva, 2023,
p.134). Such an approach can simplify complex
decision-making procedures in the judicial
process.
The opinion of A. Samotuga, who compares
Ukraine with France as a European state based on
a number of political and legal characteristics, is
valid. Both countries are parliamentary-
presidential republics with dual executive power
and a unitary type of territorial system. However,
the researcher places particular emphasis on the
organization of local government, where the
concept of municipal dualism is used. It provides
for the division of powers between local
executive bodies and local self-government,
which sometimes leads to intertwining their
functions (Samotuga, 2022, p. 264). Therefore,
considering the similarity of France and
Ukraine's political and legal characteristics, it is
206
www.amazoniainvestiga.info ISSN 2322- 6307
essential to view France's experience in
mediation.
Among the models of mediation in the world, the
most common is the classic private mediation,
which is carried out by non-state mediators
outside of court proceedings. At the same time,
the implementation of judicial and judicial
mediation also demonstrates effectiveness,
which is confirmed by the experience of most
countries of the European Union. (Tokarieva,
2021, p. 394). Individual countries develop their
own mediation models that correspond to a
particular population's legal traditions and
culture. In France, "institutional mediation" is
recognized as one of the most successful
worldwide, especially in the public and legal
spheres. Its introduction includes the creation of
mediator institutes to resolve complaints and
disputes in public administration and public
services. New bodies such as the Mediator of the
Ministry of Economy, Finance, and Industry are
responsible for mediation in tax disputes and
other areas. A specialized body, the Defender of
Rights, took over the functions of administrative
mediation and orderly mediation (Kavalnė &
Saudargaitė, 2011, pp. 254-256). It is also
important that mediation is popular among
citizens: they want to resolve disputes peacefully
with the help of mediators instead of going to
court. Mediation services are available and free
of charge, and their use has increased over the
past five years (Paris, 2022). However, it is
crucial to note the resistance of administrative
court judges to judicial mediation due to the lack
of necessary training and the busyness of the
courts.
In Ukraine, a judicial experiment was conducted
on implementing "dispute settlement with the
participation of a judge" in administrative
proceedings (Lazebny, 2019). However, it was
not widely recognized due to insufficient clarity
and understanding of the procedure by judges
and citizens. Despite this, the dispute settlement
procedure with the participation of a judge
remained in the Code of Administrative
Proceedings of Ukraine (CAPU). The CAPU
establishes a dispute settlement procedure with
the participation of a judge, which includes
holding joint meetings with the participation of
all parties and closed meetings with each party
separately. It is important to note that in
administrative proceedings, this procedure
cannot be used in some instances outlined in
Chapter 11, Section II of the CAPU, except for
cases provided for in Article 267 of the Code and
typical cases. Also, it cannot be applied in the
entry into the case of a third party with
independent claims regarding the subject of the
dispute (Code of Ukraine № 2747-IV,
2023, chapter 4).
The institutional model of mediation is the most
appropriate for the national legal system in
Ukraine. The creation of a separate body for
mediation or the granting of such powers to
officials of other bodies, institutions, and
organizations will immediately solve several
problems accompanying the actual introduction
of mediation. In particular, it will significantly
affect the cost and quality of mediation services.
The institutional model will allow both the state
and the professional self-governance body to
better monitor the training and certification of the
person performing the mediation.
The normal competitive environment of
mediators from among professional lawyers or
officials of a specially created mediation body
will make their services available to the public
and lower than court fees. To date, the
mechanisms for certification of mediators who
provided mediation services before the adoption
of the current legislation on mediation or who
plan to provide such services are still unclear.
This causes a certain mistrust among the
population, to whom court proceedings appear to
be a more traditional and safe way of resolving
disputes. Popularization of mediation against the
background of affirming in society the value of
psychological help and a non-conflict
environment through the creation of special
institutions for mediation, activation of the
development of notary and lawyer mediation will
increase the number of professional mediators
and therefore will ensure the effective promotion
of alternative dispute resolution.
The main risk of establishing an institutional
model of mediation in Ukraine is excessive
bureaucratization, so the legislator should take
into account the flexibility of mediation and its
incompatibility with the formalism inherent in
the judicial process. In view of this, the legal
regulation of the institution in the field of
mediation should focus on the training,
certification, and ethical professional training of
the mediator rather than on direct access to the
procedure for citizens.
Conclusions
Administrative and legal issues are often
associated with complex legal norms,
regulations, and procedures. Controversial issues
may require careful study of legislation and court
decisions to determine their legal status and
Volume 12 - Issue 70
/ October 2023
207
http:// www.amazoniainvestiga.info ISSN 2322- 6307
interpretation. In addition, administrative
decisions and procedures are related to the
activities of executive authorities, local self-
government bodies, and civil society institutions.
Participants in administrative disputes may face
bureaucratic restrictions, extended deadlines, and
procedures that complicate the dispute-resolution
process. The indicated legal relations relate to
fields requiring special expert knowledge, such
as tax or land law, which complicates the
mediator's work. At the same time, despite all the
complexity of administrative-legal disputes, the
financial costs and the prospect of the uncertainty
of the outcome of the court proceedings lead to
an increasing interest in alternative methods of
dispute resolution, such as mediation, since
negotiations and agreements require the
expenditure of fewer resources.
Implementing mediation in administrative
proceedings is a practice that functions
successfully in numerous European countries. It
should be noted that these European models are
not universal in nature but provide a conceptual
guideline for further improvement of mediation
practice in Ukraine. Considering the legal
traditions of Ukrainian administrative
proceedings, adjustments and adaptations of
foreign experience can be used to achieve
optimal results.
Ukrainian legislation defines a mediator as a
specially trained, neutral, independent, and
impartial natural person who carries out the
mediation procedure. Some countries, such as the
USA and Hungary, have specific requirements
for mediators, including training programs,
experience, and education. Emphasis on
professional training of mediators is carried out
to ensure a high quality of mediation processes.
Mediation in administrative and legal disputes in
Ukraine has the potential to become an effective
tool for resolving conflicts between
administrative bodies and private individuals.
Foreign experience shows that an essential factor
for the success of the mediation process is the
competence and professionalism of the mediator,
so it is appropriate to create in Ukraine the
practice of mediation in administrative and legal
disputes by a notary who has a legal education,
significant experience in the field of law and
possesses impartiality and neutrality The
formality of administrative-legal relations
requires special attention to the observance of the
law when reaching an agreed solution between
the parties, taking into account the interests and
rights of the mediation participants, as well as
during the conclusion and implementation of an
agreement based on the results of mediation. The
mediator must be competent to formulate an
agreement due to the mediation, which is by the
applicable law, and the balance of interests of all
parties to the dispute.
The modern experience of the United States
shows that mediation has become an integral part
of the legal system, and its wide application
testifies to its effectiveness. Mediation is used in
various administrative contexts, such as social
service cases, disputes between public authorities
and citizens, and real estate and land rights.
Many states have administrative mediation
programs that help reduce the burden on the court
system and ensure efficient dispute resolution.
In many countries of the European Union,
mediation is also used to resolve administrative
disputes. For example, Spain, France, and other
countries have administrative mediation
programs to facilitate the resolution of disputes
between citizens and government agencies.
Among the types of disputes resolved using
mediation are disputes regarding social services,
education, guardianship, immigration issues,
land disputes, and others.
France's experience involves the creation of
specialized bodies to resolve complaints and
disputes in the field of public administration and
public services. Implementing such a system can
improve the availability and effectiveness of
mediation in administrative cases in Ukraine.
Specialized ombudspersons, as in Hungary, can
also help resolve administrative-legal disputes in
Ukraine. The general trend is that mediation
helps to reduce the burden on the judicial system,
ensures a more rapid and efficient resolution of
administrative cases, and helps to preserve the
relationship between the parties, building trust
between the state and the citizen. As a rule-of-
law tool, mediation also helps reduce costs for
participants and simplifies the process of
resolving administrative disputes.
Bibliographic references
Apalkova, I. S. (2021). Mediation in the United
States of America. Alternative methods of
resolving civil disputes (p. 18–20). Odesa:
Fenix. (In Ukrainian)
Code of Ukraine № 2747-IV. Administrative
Judicial Code of Ukraine. Verkhovna Rada of
Ukraine, 2023. Recovered from
https://zakon.rada.gov.ua/laws/show/2747-
15#Text
Conclusion on the Draft Law of Ukraine
No. 3504. On Mediation. Bulletin of the
208
www.amazoniainvestiga.info ISSN 2322- 6307
Verkhovna Rada of Ukraine, Kyiv, Ukraine,
November 16, 2020. Recovered from
https://w1.c1.rada.gov.ua/pls/zweb2/webpro
c4_1?pf3511=68877
Committee of Ministers of the Council of Europe
(2001). Recommendation Rec (2001) 9 of the
Committee of Ministers of the Council of
Europe to member states on alternatives to
litigation between administrative authorities
and private parties, September 5, 2001.
Retrieved from Recovered from
https://rm.coe.int/16805e2b59
Council of Europe (2007). CEPEJ. Guidelines
No. 14 for a better implementation of the
existing recommendation concerning family
mediation and mediation in civil matters.
December 7, 2007. Recovered from
https://rm.coe.int/16807475b6
Dąbrowski, M., Broński, W., &
Concepción Rayón Ballestero, M. (2023).
Legal Status and Acquisition of Mediator
Qualifications. A Legal Comparative
Analysis of Regulations in Spain and
Poland. Review of European and
Comparative Law, (53(2)), 27-46.
https://doi.org/10.31743/recl.16141
Dubovik, O. (2015). Development of restorative
justice in the Roman law legal system.
European political and law discourse, 2(2),
299-304. Recovered from
https://eppd13.cz/wp-
content/uploads/2015/2015-2-2/47.pdf
Federal Justice Public Service (2005). Law
modifying the Judicial Code with regard to
mediation No. 2005009173. Federal Justice
Public Service, February 21, 2005, Belgium.
Recovered from https://acortar.link/KGf7wu
Fihun, N. (2021). Establishment of the institute
of mediation in the Visegrad Group countries.
Actual problems of jurisprudencе, (1(25)),
11–26. Recovered from
http://dspace.wunu.edu.ua/bitstream/316497/
42025/1/Фігун.pdf (In Ukrainian)
Hopt, K. J., & Steffek, F. (2013). Mediation:
Comparison of Laws, Regulatory Models,
Fundamental Issues. Mediation: principles
and regulation in comparative perspective.
(Eds.) Oxford University Press, 4-130.
Kalisz, A., & Serhieieva, A. (2023). When a
State Is a Party to a Dispute – (Court-)
Administrative Mediation in Poland and in
Ukraine (A Comparative Perspective).
Review of European and Comparative Law,
(53(2)), 129-148.
https://doi.org/10.31743/recl.15967
Kavalnė, S., & Saudargaitė, I. (2011). Mediation
in disputes between public authorities and
private parties: comparative aspects.
Jurisprudencija, 18(1), 251-265. Recovered
from https://philpapers.org/rec/KAVMID
Kondratenko, V., & Kovalenko, N. (2023).
Organizational-legal and procedural aspects
of mediation in the administrative judicial
branch of Ukraine. Scientific innovations and
advanced technologies, (1(15)), 104-111.
https://doi.org/10.52058/2786-5274-2023-
1(15)-104-111 (In Ukrainian)
Kułak-Krzysiak, K., & Śwital, P. (2023).
Mediation as Means of Communication for
Public Administration in Settling
Administrative Disputes. Review of
European and Comparative Law, 54(3),
279-301. https://acortar.link/PEbsC3
Melnychuk, O. F. (2022). Mediation in
administrative proceedings: european
experience for Ukraine. Scientific Bulletin of
the Uzhhorod National University. Series
"LAW", (72), 77-81. Recovered from
http://visnyk-
pravo.uzhnu.edu.ua/article/view/267383/263
267 (In Ukrainian)
Law of Ukraine No. 1875-IX. On mediation.
Bulletin of the Verkhovna Rada of Ukraine,
Kyiv, Ukraine, (2021) (Ukraine). Recovered
from
https://zakon.rada.gov.ua/laws/show/1875-
20#Text
Lazebny, L. (2019, 29 September). Mediation vs
settlement of the dispute with the
participation of a judgeі. Legal Newspaper.
Recovered from
https://acortar.link/PGCgQG (In Ukrainian)
Official Journal of the European Union (2008).
Directive 2008/52/EC of the European
Parliament and of the Council., May 21, 2008.
Recovered from https://eur-
lex.europa.eu/eli/dir/2008/52/oj
Paris (2022, April 26). Paris Mediator Service.
Recovered from https://acortar.link/NEVFcK
Official Web Site of Valia - Wallex (2018). New
municipal law No. 12482, June 24, 1988,
Belgium. Recovered from
https://acortar.link/8tI0xe
Online Master of Legal Studies Website (2021).
Court-Certified Mediator Qualification
Requirements by State, May, 2021.
Recovered from https://acortar.link/AUrfWl
Samotuga, A. (2022). Municipal mediation: the
experience of France. Mediation as a way of
solving private and public legal disputes,
p. 264–266. Dnipro: Dnipropetrovsk State
University of Internal Affairs. Recovered
from https://acortar.link/wuyFDG (In
Ukrainian)
Singapore Convention on Mediation Website
(2021). United Nations Convention on
International Settlement Agreements
Resulting from Mediation (the «Singapore
Volume 12 - Issue 70
/ October 2023
209
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Convention on Mediation»), September 12,
2020. Recovered from
https://www.singaporeconvention.org/conve
ntion/text
Teremetskyi, V., Boiko, V., Malyshev, O.,
Seleznova, O., & Kelbia, S. (2023).
Electronic judiciary in Ukraine: Problems of
implementation and possible solutions.
Amazonia Investiga, 12(68), 33-42.
https://doi.org/10.34069/AI/2023.68.08.3 (In
Ukrainian)
Tokarieva, K. (2021). Administrative and legal
regulation of mediation: current state and
development trends (Dissertation for
obtaining the scientific degree of doctor of
legal sciences), National aviation university,
Ukraine. Recovered from
https://er.nau.edu.ua/handle/NAU/49754 (In
Ukrainian)
Turchak, I. O. (2017). Contractual relations in
mediation. Scientific and information bulletin
of the Ivano-Frankivsk University of Law
named after King Danylo Halytskyi. Series:
Law, (3 (15)), 175-181. Recovered from
https://visnyk.iful.edu.ua/wp-
content/uploads/2019/02/15-26-17.pdf (In
Ukrainian)
Vandenhende, L., Warnez, B., & Veny, L.
(2016). The Way to Mediation in Belgian
Administrative Procedural Law. Netherlands
Administrative Law Library, (Februari),
1-16. https://doi.org/10.5553/NALL/.000023
Vértesy, L. (2022). The first codification of the
general rules of the state administration
procedure, IV of 1957. law (Et.) - The first
codification of the general rules of the
administrative procedure, Act IV of 1957
(Et.). Public Administration Procedural Law
Notices, 2, 15-26. (In Hungarian)