Mediation is the future in the world of law.
Mediation is the future in the world of law. Alternative methods of dispute resolution are increasingly common in the Ukrainian jurisprudence. It results from the desire of business not to waste precious time and lose human and financial resources.
Legal wrangle imposes many financial costs on the parties to a trial: court fee, forensic examinations and lawyer expenses. Sometimes legal proceedings linger on for years, and contested property/funds no longer cover the expenses incurred during a trial. For example, for legal entities a mere court fee is 1.5% of claim amount, an appeal will cost 150% of the rate paid at the trial level, a cassation will be 200%. An enterprise will have to freeze this money for a trial period, without regard to the eventual forensic examination costs. Later it will not be easier: even in case of court victory a new circle of struggle with an opponent starts – recovery of funds/property involving the enforcement service. A plaintiff must pay for the enforcement proceeding and pay extra fees of private bailiff. In addition, nobody can provide a 100% guarantee that all the expenses incurred will be reimbursed to a successful party.
On august 7, 2019, Ukraine became one of 46 countries that joined Singapore mediation convention. This step commits to establish on the legislative level what mediation is and understand its working mechanisms.
THE BEST SOLUTION
Mediation (from Latin mediatio – inter- mediation) is the process where neutral third party assists in conflict resolution facilitating the formation of voluntary agreement (or «self-determination”). Statistics indicate that most of the world’s conciliation procedures, this is more than 80% of disputes, finish with arrangements for settling disputes. In our country process of mediation introduction and development is a necessary element of legal harmonization in accordance with the laws of the European countries. It will promote quick dispute settlement, reduce workload of the judicial branch and ensure compliance with the arrangements reached during mediation. Over the years of effective work, «Incolanse» legal company represented clients in both Ukrainian and international legal organizations. Maintaining partnership relations between the entrepreneurs is a mutually beneficial fact and priority for the company.