Роль онлайн медіації у розв’язанні сімейних спорів

The article highlights the growing importance of an alternative method of conflict resolution – online mediation in the field of family law in the context of transformational processes in Ukrainian society caused by the pandemic and war. It is noted that the rapid increase in the number of divorces and related legal disputes requires flexible, humane and modern approaches to their resolution, which ensure a balance between the interests of the parties and the protection of children’s rights. Online mediation is considered to be an accessible, cost-effective, efficient, confidential and prompt alternative to litigation, which allows couples located in different regions or countries to participate in the negotiation process. The author analyzes the legal framework of Ukraine in the field of mediation, in particular, the Law of Ukraine “On Mediation” and the recommendations of the PO “NAMU” regarding the online format of the procedure. The author emphasizes the importance of mediator’s neutrality, adherence to the principle of voluntariness, equality of the parties and focus on the interests, not just the positions of the parties to the conflict. The article also analyzes international experience demonstrating the successful implementation of online mediation and the use of digital platforms. At the same time, the article does not ignore a number of problematic issues of mediation: technical difficulties, lack of live emotional contact, restrictions in cases of domestic violence, and the lack of binding legal force of a mediation agreement unless it is approved by a court. The authors conclude that online mediation in Ukraine has high potential, especially in times of war and mass migration. Its development requires detailed regulatory regulation, public awareness, and training of mediators to work with digital tools and modern challenges. At the same time, mediation can only be effective if the parties are sincerely willing to engage in constructive dialogue and find a compromise. Online mediation is viewed not only as a modern technological option, but also as a humane legal tool capable of preserving the dignity of the parties and helping to reduce conflict in society.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-05-09
Primary Topic
Magnetic confinement fusion research
Type
article
Field-Weighted Citation Impact
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article

Роль онлайн медіації у розв’язанні сімейних спорів

Scientific periodicals of Ukraine
Magnetic confinement fusion research
article

Роль онлайн медіації у розв’язанні сімейних спорів

article en

Abstract

The article highlights the growing importance of an alternative method of conflict resolution – online mediation in the field of family law in the context of transformational processes in Ukrainian society caused by the pandemic and war. It is noted that the rapid increase in the number of divorces and related legal disputes requires flexible, humane and modern approaches to their resolution, which ensure a balance between the interests of the parties and the protection of children’s rights. Online mediation is considered to be an accessible, cost-effective, efficient, confidential and prompt alternative to litigation, which allows couples located in different regions or countries to participate in the negotiation process. The author analyzes the legal framework of Ukraine in the field of mediation, in particular, the Law of Ukraine “On Mediation” and the recommendations of the PO “NAMU” regarding the online format of the procedure. The author emphasizes the importance of mediator’s neutrality, adherence to the principle of voluntariness, equality of the parties and focus on the interests, not just the positions of the parties to the conflict. The article also analyzes international experience demonstrating the successful implementation of online mediation and the use of digital platforms. At the same time, the article does not ignore a number of problematic issues of mediation: technical difficulties, lack of live emotional contact, restrictions in cases of domestic violence, and the lack of binding legal force of a mediation agreement unless it is approved by a court. The authors conclude that online mediation in Ukraine has high potential, especially in times of war and mass migration. Its development requires detailed regulatory regulation, public awareness, and training of mediators to work with digital tools and modern challenges. At the same time, mediation can only be effective if the parties are sincerely willing to engage in constructive dialogue and find a compromise. Online mediation is viewed not only as a modern technological option, but also as a humane legal tool capable of preserving the dignity of the parties and helping to reduce conflict in society.

Scientific periodicals of Ukraine
Reduced inequalities
Openalex Percentile: Top 39%
Magnetic confinement fusion research
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