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IV ANNUAL FORUM "MEDIATION AND LAW"

The IV ANNUAL FORUM "MEDIATION AND LAW" was held on June 1, 2018, in Odesa. The event was held by the Ukrainian Academy of Mediation together with the Council of Advocates of Odesa Region, the National Association of Advocates of Ukraine (Committee on Mediation) and the Chamber of Notaries of Ukraine, with the support of the New Justice Program of the United States Agency for International Development (USAID), with the informational support of the Association of Lawyers of Ukraine and the All-Ukrainian weekly professional legal publication "Yuridychna Gazeta".
Forum "Mediation and Law" is the first platform in Ukraine for specialists in the field of law and mediators, which was created in 2014 and is supported annually by the Ukrainian Academy of Mediation. The Odesa Region Bar Council actively implemented such an idea, which also acts as a reliable partner in many other activities on alternative types of dispute resolution.
Thanks to this annual event, judges, lawyers, notaries, scientists, lawyers and law students from all over Ukraine have the opportunity to acquire and deepen their knowledge about extrajudicial conflict resolution through mediation (negotiations), about the development of mediation in Ukraine and beyond its limits, about its application in practice and/or mediation skills and techniques.
Congratulatory remarks were made by: Andriy Kostin, lawyer, deputy chairman of the Odesa Region Bar Council; Tetyana Barabash, lawyer, mediator, Head of the Mediation Committee of the Odesa Oblast Bar Council, President of the Ukrainian Academy of Mediation;David Michael Vaughn, head of the USAID "New Justice" program. The presentation of the project "Increasing the awareness of judges and lawyers regarding mediation and citizens' awareness of mediation to improve access to justice and increase the efficiency of the judiciary" was delivered by Luiza Romanadze, a lawyer, mediator, Vice-President of the Ukrainian Academy of Mediation.
This year, the Notary Chamber of Ukraine joined the forum, which is an essential indicator in the development of the mediation institute in Ukraine. Ukrainian and foreign speakers presented the conference's first session "Mediation in notarial practice".Olga Onishchuk - the first vice-president of the Chamber of Notaries of Ukraine, deputy head of the Higher Qualification Commission of Notaries under the Ministry of Justice of Ukraine, private notary of the Kyiv City Notary District, revealed the topic "Mediation as a tool for expanding notary competence."Yuriy Orzikh, PhD in Law, associate professor of the Department of Civil Law of the National University "Odesa Law Academy" talked about "Notary and mediation - prospects for development in Ukraine".
The topic "New opportunities for notaries: the use of alternative dispute resolution methods and why notaries can be mediation providers" was covered by a colleague from Mexico - Jorge Volodymyr Pons y García, who is a doctor of law, professor at the Universidad Juárez Autónoma de Tabasco, public notary, chief legal advisor of "Caza S.A. de C.V. Caza Energy Services Division”, external advisor of “Corporativo Jurídico Integral Premier” and secretary of the Commission on Deontology of Notaries of the International Union of Latin Notaries.During his speech, Mr. Jorge noted the following: "Today we are facing an indisputable legal fact: the fact of globalization, which plays a vital role in internationalization, the point of new technologies and some other global factors, such as the desire to ensure fundamental human rights. We can summarize the innovations in the field of alternative dispute resolution. Today, Latin notaries can help use these tools, working with government agencies, to help people solve legal problems in civil law agreements, in resolving tax disputes, in family law, in cases related to real estate or in the field of corporate law, for example.
Claudia Marcela Priego Custodio, a professor at the Universidad Juárez Autónoma de Tabasco, spoke about the possibility of "Mediation in disputes between heirs about the distribution of inherited property." The professor noted the leading causes of conflicts between heirs are: "The death of close relatives causes pain, which different relatives/heirs perceive differently. Also, family forms human principles and personality in general. Therefore, various conflicts may arise...". At the same time, Ms. Claudia Marcela drew attention to the fact that mediation works effectively in the field of inheritance.
In the session "Possibility of choosing alternative dispute resolution procedures", Svitlana Sergeeva, deputy head of the mediation committee, lawyer, mediator, and partner of the Sergeev law office, reported on the mediation procedure in maritime arbitrations around the world.
In his report, Andriy Kostin revealed the difference between mediation and dispute settlement with the participation of a judge and the procedure for their application. Ella Kataeva - PhD in Law, deputy head of the Odesa District Administrative Court, teacher of the new procedural codes of Ukraine, a demonstration of the dispute settlement procedure with the participation of a judge National School of Judges of Ukraine, mediator.During the practical part of the Forum, the following "workshops" were held: "Application of mediator skills in the work of a lawyer" was presented by Kateryna Vlasiuk - lawyer, mediator, and managing partner of the AVG Law Company, who shared her practical experience of applying mediation techniques as a lawyer in cases where she acts as a lawyer. Demonstrated examples: "Corporate dispute. Participant's exit from the LLC" and "Agreement between the victim and the accused in a criminal case: violation of traffic rules, which led to moderate injuries."
"Workshop": Business Mediation. The resolution of disputes in the field of economic law, using the examples of "Conflict-free mediation" and "Mediation in the resolution of disputes in the agricultural sphere", was presented by Svitlana Ilnytska, a lawyer, mediator, and member of the Board of the Lviv Mediation Center. At the same time, the entire course of these cases was covered, starting with the involvement of a mediator and ending with the signing of an agreement based on the mediation results.
The demonstration of the "workshop" - "Heart of mediation" - working with the interests and needs of the parties to the conflict was conducted by Diana Protsenko - president of the National Association of Mediators of Ukraine, mediator, and lawyer. Diana took as a basis the previous example of lawyer Kateryna Vlasiuk and revealed in detail, with visualization, how interests and needs in mediation are identified.
The last session of the Forum was devoted to the topic "Online dispute resolution: Canadian experience and prospects for Ukraine", which was held with the support of the American people, provided through the United States Agency for International Development (USAID) within the framework of the New Justice Program. With the help of a video presentation, the speaker - Orna Rabinovych-Aini, doctor, University of Haifa, Faculty of Law- introduced the online dispute settlement procedure.On the practical application of online dispute resolution: "Civil Dispute Resolution Court", Shannon Salter, Chair of the Civil Dispute Resolution Court (CDR) of British Columbia, Canada, reported.

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