Land-legal aspects of applying of mediation in Ukraine

This article explores the land-legal aspects of applying mediation, a form of alternative dispute resolution, in Ukraine. It is established that mediation has deep historical roots and has evolved over the centuries into a modern tool for conflict resolution. Attention is given to the role of mediators in resolving disputes across various cultures and societies for thousands of years. It is noted that contemporary mediation, as an institutionalized process, emerged in the 20th century, particularly after World War II, becoming a tool not only for resolving interpersonal or community conflicts but also for business, labor, international, and even legal disputes. In Ukraine, it has been found that mediation began to actively develop in the early 2000s, when the need for alternative dispute resolution methods grew. These methods were aimed at reducing the burden on the judicial system and providing faster, more cost-effective conflict resolution. The adoption of the Law of Ukraine «On Mediation» in November 2021 marked an important step toward recognizing this process at the state level. The article provides an analysis of its provisions, emphasizing that this law still requires adaptation to the specificities of land relations. It is highlighted that mediation in land disputes can be applied in various situations related to the ownership, use, or management of land plots. The author identifies several prospective areas for the application of mediation in land legal relations, specifically: 1) boundary disputes over land plots; 2) land use procedures; and 3) violations of environmental regulations. The article stresses that mediation in land disputes in Ukraine has significant potential, particularly given the need to expedite conflict resolution and alleviate the pressure on the judicial system. It is established that many landowners and participants in land relations currently lack sufficient information about mediation as a dispute resolution tool or do not trust its effectiveness. The article asserts that mediation requires adequate support and cooperation with state institutions, which will also contribute to more effective dispute resolution.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-18
DOI
https://doi.org/10.24144/2307-3322.2024.85.2.29
Citations
1
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
2.23
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article

Land-legal aspects of applying of mediation in Ukraine

Dmytro Fedchyshyn
1 citations
Uzhhorod National University Herald Series Law
Land Use and Management
2.23
article

Land-legal aspects of applying of mediation in Ukraine

Dmytro Fedchyshyn
article en
1 citations

Abstract

This article explores the land-legal aspects of applying mediation, a form of alternative dispute resolution, in Ukraine. It is established that mediation has deep historical roots and has evolved over the centuries into a modern tool for conflict resolution. Attention is given to the role of mediators in resolving disputes across various cultures and societies for thousands of years. It is noted that contemporary mediation, as an institutionalized process, emerged in the 20th century, particularly after World War II, becoming a tool not only for resolving interpersonal or community conflicts but also for business, labor, international, and even legal disputes. In Ukraine, it has been found that mediation began to actively develop in the early 2000s, when the need for alternative dispute resolution methods grew. These methods were aimed at reducing the burden on the judicial system and providing faster, more cost-effective conflict resolution. The adoption of the Law of Ukraine «On Mediation» in November 2021 marked an important step toward recognizing this process at the state level. The article provides an analysis of its provisions, emphasizing that this law still requires adaptation to the specificities of land relations. It is highlighted that mediation in land disputes can be applied in various situations related to the ownership, use, or management of land plots. The author identifies several prospective areas for the application of mediation in land legal relations, specifically: 1) boundary disputes over land plots; 2) land use procedures; and 3) violations of environmental regulations. The article stresses that mediation in land disputes in Ukraine has significant potential, particularly given the need to expedite conflict resolution and alleviate the pressure on the judicial system. It is established that many landowners and participants in land relations currently lack sufficient information about mediation as a dispute resolution tool or do not trust its effectiveness. The article asserts that mediation requires adequate support and cooperation with state institutions, which will also contribute to more effective dispute resolution.

Uzhhorod National University Herald Series LawVol. 2(85)
Openalex Percentile: Top 9%
Land Use and Management
2.23
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