Theoretical and practical aspects of the application of mediation in a state of war in Ukraine (on the example of family mediation)

The article examines the issues surrounding the application of mediation under martial law in Ukraine (using family mediation as an example). It emphasizes that during the legal regime of martial law, citizens face a number of social, economic, legal, and other challenges. One of the most complex challenges, particularly through the lens of psychological and emotional expression, is family conflicts. It is emphasized that family mediation serves as an important tool for alternative dispute resolution, capable of effectively managing conflicts while preserving the time, resources, and emotional state of the parties involved. Due to its flexibility, confidentiality, and the ability to consider the unique circumstances of each family, mediation becomes a more acceptable method of resolving disputes compared to traditional judicial mechanisms. It has been established that family mediation under martial law acquires particular significance for the following reasons: the functioning of judicial authorities in certain regions of Ukraine may be partially or completely suspended due to active hostilities, damage to judicial infrastructure, or the absence of appropriate conditions for administering justice; the emotional tension between parties in a family conflict is greatly exacerbated in wartime, complicating constructive dialogue. In such conditions, the mediator acts as a neutral intermediary, assisting the disputing parties in focusing their efforts on finding a mutually acceptable solution; martial law has contributed to the proliferation and scaling of certain types of family conflicts, such as temporary custody of children, relocation of children abroad, and so on. Judicial authorities are often unable to address such issues promptly, whereas mediation allows for the discovery of flexible and individualized solutions that take into account the interests of all parties, particularly the children. It has been emphasized that there are several challenges in the application of mediation that hinder its widespread implementation. One of the main issues is the insufficient awareness among citizens about the possibility of such dispute resolution.