Mediation in Ukraine: Considerations in terms of the EU accession prospects

Abstract

This article explores the development of mediation in Ukraine through the EU accession process and the alignment of the Ukrainian legislation with Directive 2008/52/EC on specific aspects of mediation in civil and commercial matters. Although the Law of Ukraine ‘On Mediation’, adopted in 2021, reflects the general principles of mediation, substantial gaps remain in ensuring full compliance with the EU acquis. Structurally, the article consists of two parts: the first part analyzes national legislation on mediation in light of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (hereinafter – Directive 2008/52/EC); the second part focuses on the issue of statistical data within the further reforms of the mediation in Ukraine in terms of the European Commission Enlargement Report on Ukraine 2024. The article concludes that the successful integration of mediation into the Ukrainian legal system can serve as both a driver of internal legal reform and a tangible step toward fulfilling the values and requirements of EU membership.