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The soft approach of mediation in resolving family disputes makes it possible to resolve conflicts more effectively. The assistance of a competent mediator can be essential for making a decision with the best interests of the child in mind.
This was discussed by Supreme Court judges of the Civil Cassation Court Yevhen Synelnykov and Olena Bilokon at the International Interprofessional Conference ‘Family Dispute Resolution and the Voice of the Child: National and International Experience of Judges, Mediators and Related Experts’. The event was also attended by Vladyslav Shypovych, Judge of the Civil Cassation Court of the Supreme Court.
The conference was joined by family mediation trainer Lisa Parkinson, psychologist Freda Gardner, lawyer, mediator and judge Stephen Wildblood (King's Counsel) (UK), and family court judge Anni Højmark (Denmark). During the active discussion, Ukrainian judges and mediators exchanged experience with their foreign colleagues on the amicable settlement of family disputes involving children.
Olena Bilokon emphasised that mediation is based on a humanistic approach. ‘Mediation is about dialogue, not confrontation. When the parties to a conflict maintain their dignity, both participants emerge victorious. This is important for the development of a democratic state governed by the rule of law, in which there is respect for the individual,’ the judge said.
She gave an example of a case on determining the child's place of residence, in which joint custody of the child was tolerated by the parents at the beginning of the family crisis, and this was the final court decision. However, during the time of its adoption, the parents spent a lot of time and resources, as well as destroyed good relations between them, which negatively affected the child. The judge noted that such cases show that the court does not always have enough time, flexibility, adaptability and individual approach to effectively resolve this category of emotionally draining disputes.
The Law of Ukraine ‘On Mediation’, adopted on 16 November 2021, demonstrates a new stage in the development of alternative dispute resolution in Ukraine. However, the development of mediation was hampered by the full-scale aggression of the Russian Federation. Today, the promotion of the mediation institution is not only an internal issue of Ukraine, it is also the implementation of our country's European integration course in terms of the functioning of out-of-court procedures for resolving disputes in order to simplify access to justice.
Olena Bilokon noted that mediation can reduce the number of cases submitted to the court, as well as disputes related to the enforcement of court decisions. Assuming that 10 per cent of family and labour disputes and 5 per cent of inheritance disputes are mediable, then over the past two years, mediation could have resolved almost 30,000 family disputes, about 2,000 labour disputes and more than 2,500 inheritance disputes.
Judges can help to realise the potential of mediation. In particular, the role of judges is to influence the formation of: a culture of alternative dispute resolution; trust in mediation by society and the legal community; and a request for mediation by the parties when implementing the provisions of clause 2, part 2, Article 197 of the Civil Procedure Code of Ukraine within the preparatory hearing.
Since 2024, the judiciary's communication about mediation has reached a new level. Now, the website of each court in Ukraine, as well as the ‘Judiciary’ website, contains basic information on mediation as a way to resolve a dispute, the relationship between mediation and litigation, and brief information on how to find a mediator.
A soft approach to resolving disputes in a non-violent manner, without the use of coercive measures, always pleases a conscientious judge. This is a good basis for building healthy relationships in the future, both between individuals and in society as a whole.
Yevhen Synelnykov focused on the issue of a child's participation in resolving a conflict in which he or she is involved. The speaker noted that international law and national legislation enshrine the right of a child to express his or her opinion and to be heard. ‘The body that resolves a dispute concerning a child must create appropriate conditions for the child to speak out and have his or her voice heard,’ the judge said.
He also noted that the child's best interests lie in maintaining his or her relationship with both parents, and in the event of a parental divorce, in creating conditions under which they can act together in raising the child and make joint decisions, taking into account the risks, needs and desires of the child. The assistance of a competent mediator in these matters can be significant, making it possible to significantly facilitate the conflict resolution process and build a path to a solution that takes into account the best interests of the child.
The judge noted that the Civil Cassation Court of the Supreme Court considers most disputes in written proceedings. However, in cases involving children, the panel of judges, in particular, appoints open hearings with the summoning of participants in order to find out the opinions of the child welfare authority and parents, and also holds hearings with the participation of children, where their opinions were heard.
The speaker said that in the rulings on the assignment of cases concerning a child to the panel of judges of the Civil Cassation Court of the Supreme Court, it is noted that, according to the procedural law, the parties may reconcile at any stage of the process, in particular, through mediation. He also drew attention to the fact that in April last year, the CivCC of the Supreme Court issued a separate ruling in which it drew the attention of the National Social Service to systemic problems associated with the passive behaviour of guardianship and custody authorities in disputes between divorced parents over physical custody (parental time) of small children. This ruling, in particular, states that the guardianship and custody authority did not take practical measures to amicably resolve the conflict between family members, did not propose mediation with the participation of parents, did not take actions to engage specialists to resolve the conflict between the child's parents, etc. (separate ruling of the CivCC of the Supreme Court of 10 April 2024 in case No. 761/37027/20).
The speaker reminded that in Ukraine, at the initiative of the CivCC of the Supreme Court and the Inter-Agency Coordination Council on Juvenile Justice, with the support of the United Nations Children's Fund (UNICEF) in Ukraine and the NGO ‘Volunteer’, a pilot project is being implemented to specialise judges in family (including children's) cases. As of today, 10 regions have identified courts, with their consent, where such specialisation is being introduced. In particular, in the Darnytsia District Court of Kyiv, the meeting of judges identified three judges with the relevant specialisation. Yevhen Synelnykov suggested that such specialisation should also be developed in the legal community, among mediators and psychologists, etc. Today, the idea of engaging all specialists involved in resolving family disputes in interdisciplinary cooperation is being implemented, with relevant training being conducted and communication taking place between judges, lawyers, children's affairs agencies, and psychologists. Certain projects have already been implemented to involve a child psychologist in criminal proceedings, and work is underway to involve a psychologist in civil proceedings.
In addition, the speaker noted that in family disputes, it is not easy for a mediator to find out the child's opinion, and there is an important issue of trust. At the same time, the procedural law does not define the procedure for obtaining such an opinion. Therefore, Yevhen Synelnykov proposed to consider regulating such a procedure in a statutory document, establishing certain rules according to which the mediator and the court should contact and work with the child.
The event was organised by the Association of Family Mediators of Ukraine in cooperation with the National School of Judges of Ukraine.
Presentation by Olena Bilokon – https://court.gov.ua/storage/portal/supreme/prezentacii_2025/Prezent_Ukr_dosvid_zastos_mediacii.pdf
Presentation by Yevhen Synelnykov – https://court.gov.ua/storage/portal/supreme/prezentacii_2025/Prezent_Mediacia_2025.pdf
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