Effective cooperation between administrative proceedings and mediation discussed at roundtable

The experience of European countries in the introduction and practical application of mediation, innovations for the development of mediation in administrative proceedings in Ukraine, the introduction of the profession of mediator in Ukraine - these and other issues were the focus of the round table "Administrative proceedings and mediation: effective cooperation in a legal state", which was attended by the President of the Administrative Cassation Court of the Supreme Court Mykhailo Smokovych.

In his speech, the President of the ACC of the Supreme Court noted that the introduction of mediation as an alternative dispute resolution method will not only significantly reduce the workload of the courts, but will also contribute to the improvement of legal mechanisms for ensuring the rights, freedoms and legitimate interests of individuals.

The speaker noted that the issue of mediation in administrative proceedings is the most complex. This is due to the legal nature of public law relations, which require the participation of a body vested with public authority. However, reaching a compromise between a public authority and a citizen is a successful result of the activities of the State and its bodies.

In the course of its civilisational development, society is always looking for different ways of resolving conflicts. According to Mr Smokovych, mediation has a long history and successful experience in many countries of the world. For example, this method of conflict resolution is successfully used in Germany, France, Belgium, Italy, Canada and Japan. The initiators of mediation in administrative proceedings in other countries are convinced that it is very important to reach amicable agreements in administrative disputes.

It is also interesting to see how mediation is developing technologically. As an example, the President of the ACC of the Supreme Court cited the experience of the United States, where such forms of mediation as web mediation or telephone mediation (the procedure is carried out via video or conference call) are in demand.

The speaker noted that the experience of mediation in Ukrainian administrative and legal practice is relatively new, but this institution is gradually developing. Mediation offices are being opened in Ukraine to provide information on the mediation procedure and advice on the possibility of settling a dispute through mediation. In particular, such offices have been opened in the Ovidiopol district court of the Odesa region, the Ivaniv district court of the Odesa region and the city of Vinnytsia.

Mykhailo Smokovych also outlined the issues of further development and implementation of mediation as an alternative dispute resolution method in Ukraine.

Summing up, the President of the ACC of the Supreme Court expressed his belief that a fruitful discussion and debate of topical issues during the roundtable will develop constructive ideas, scientific and practical views and developments, and strengthen effective cooperation between administrative proceedings and mediation in the rule of law.

The event was organised by the Fifth Administrative Court of Appeal in cooperation with the EU project Pravo-Justice.

Photos courtesy of the roundtable organisers.