Врегулювання спору за участю судді, медіація, мирова угода, врегулювання спору в третейському суді як заходи альтернативного вирішення спорів

The article notes that in accordance with the pilot decisions of the European Court of Human Rights, Ukraine should develop the institution of reconciliation of the parties. An innovative legal institution that was introduced into the system of civil procedural law of Ukraine was the institution of dispute resolution with the participation of a judge. In 2021, the Law of Ukraine “On Mediation” was adopted, which defined the legal principles and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, requirements for his training and other issues related to this procedure. This Law was influenced by the Mediation Directive of May 21, 2008. Common and distinctive features of such alternative dispute resolution measures as dispute resolution with the participation of a judge, mediation, amicable agreement, dispute resolution in an arbitration court are highlighted. The common features are as follows: the goal is amicable settlement of the dispute; the basis is the consent of the parties; a person’s appeal to the court is not an obstacle to the application of any of the means of amicable settlement of the dispute; at the beginning of the application of the procedure for amicable settlement of the dispute, the person conducting it is obliged to explain to the parties the goal, the procedure for conducting the dispute resolution, the rights and obligations of the parties; participants, as well as entities ensuring the conduct of the dispute resolution with the participation of a judge, mediation, amicable agreement, arbitration court, do not have the right to disclose confidential information; means of amicable settlement of disputes are not applied if they may affect the rights and legitimate interests of third parties who are not participants in the dispute resolution; if a third party “joins the case” and makes independent claims regarding the subject of the dispute – it is prohibited to settle the dispute using these means; the party to the dispute has the right to terminate the application of a peaceful means of dispute settlement; the application of means of peaceful dispute settlement cannot violate the rights and interests of other persons, the interests of the state or public interests. The distinctive features of dispute settlement with the participation of a judge, mediation, amicable agreement, and dispute settlement in an arbitration court are highlighted. It is emphasized that, unlike dispute settlement with the participation of a judge, the legislation of Ukraine establishes restrictions on the jurisdiction of cases to arbitration courts (Article 6 of the Law of Ukraine “On Arbitration Courts”), and may also provide for the peculiarities of mediation in certain categories of conflicts (disputes) (Part 2, Clause 1, Article 3 of the Law of Ukraine “On Mediation”).