Seminar: “Introduction of mediation in the courts of Ukraine and the practice of its application by the courts of Germany”

March 21, 2019 in the city. In Lviv, the All-Ukrainian NGO “Association of Judges of Ukraine” together with the National School of Judges of Ukraine and the German Foundation for International Legal Cooperation (IRZ) held a seminar on the topic: “Introduction of mediation in the courts of Ukraine and the practice of its application by the courts of Germany”.
The seminar was attended by: President of the Association of Judges of Ukraine Judge of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases Yevtushenko Olena Ivanovna, President of the Association of Judges of Ukraine. Kyiv, Judge of the Kyiv Court of Appeal Strizheus Anatoly Mykolaiovych, Legal Adviser of the German Fund for International Legal Cooperation (IRZ) Ryzhkov Gennady Volodymyrovych, Deputy Director of the Department - Head of the Department for Justice and National Security of the Ministry of Justice and National Security Department of Ukraine Stefaniuk Uliana Ivanivna, Vice-Rector of the National School of Judges of Ukraine Mazurok Volodymyr Antonovich, Director of Lviv Regional Branch of the National School of Judges of Ukraine Polna Oksana Orestivna, Head of the Eighth Administrative Court of Appeal Zaverukha Oleg Bohdanovich, Chairman of the Frankivsk District Court Lvova Martyanova Svitlana Miroslavovna, President of the Supreme Court of the Land in resignation, city. Braunschweig Lower Saxony Edgar Isermann, President of the High Administrative Court of the Land of Lower Saxony and President of the State Chamber of the Land of Lower Saxony Dr. Thomas Smollich, presiding judge at the Land Court in the city. Hannover Lower Saxony Dr. Martin Grote, Secretary General of the Association of Judges of the Signatory Countries of the Memorandum of Cooperation Vakhtang Tordia, Judge of the Klaipeda Local Chamber of the Klaipeda District Court of Lithuania Lina Gedre, judge of the Kyiv Appeal Court judges of district courts of the city. Kyiv, Mukachevo, Lviv, Lviv and Cherkasy regions.

It is not for the first time that judges from Germany present at the seminar work with judges in Ukraine. They noted that justice was and remains the first link in resolving disputes. The goal of mediation is definitely conflict resolution. A mediator in Germany is a person within the justice system, which is fully justified and confirmed by experience. The parties who agree to mediation receive the flexibility of the process and avoid bureaucracy and restrictions in the resolution of the conflict.The German speakers emphasized that in the absence of trust in the court, the realization of the rights of the individual in the state suffers. The judge-mediator independently creates the result and can achieve a positive in the resolution of the conflict. The judge is not a machine for making court decisions and his active position, as a representative of Femida, is realized precisely by stimulating the reconciliation process and ensuring a positive climate of the judicial process itself. The speakers stressed that the German Code of Civil Procedure clearly articulates the duties of the judge at each stage of the process for the peaceful resolution of the dispute without a court decision. Mediation is a kind of self-help tool. There are no restrictions when choosing a mediation procedure. And, as a result, the parties save resources. The mediating judge deals with 56 percent better cases and 70 percent of the cases that go to the mediating judges are completed by the conciliation of the parties. The application of the mediation model contributes to the image of the court. This method demonstrates not authoritarian dispute resolution, but a modern approach to conflict resolution. Mediation is a communication partner, it is open and motivating. President of the Association of Judges of Ukraine Judge of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases Yevtushenko Olena Ivanovna reported on modern possibilities for judicial mediation in accordance with procedural legislation in Ukraine. Judge of the Kyiv Court of Appeal Onyshchuk Maksym Ivanovich reported on the current state and future prospects of the legislative settlement of mediation in Ukraine, and the judge of the Klaipeda Local Chamber of the Klaipeda District Court of Lithuania Lina Hedre gave a brief review of the Law on Media in the Republic of Lithuania and the process of holding a mediation meeting in practice. Judge from Georgia Vakhtang Tordia spoke about judicial mediation in Georgia and the prospects for its development.
Participants of the seminar actively asked questions to fellow speakers, discussed. Of course, such events contribute to professional growth and strengthening of cooperation of judges of Ukraine with judges from other countries of the world.Participants of the seminar expressed gratitude to the organizers and speakers for the preparation and conduct of the seminar. The total number of participants of the seminar amounted to 40 people.At the end of the seminar, the participants were issued a certificate.March 22 at the invitation of the chairman of the Frankivsk district court of the city. Lviv Martyanova Svetlana Miroslavovna, participants of the seminar, headed by the President of the Association of Judges of Ukraine Elena Ivanovna, visited the Frankivsk District Court of Ukraine. Lviv, where they met with local judges and got acquainted with the work of the court. Yevtushenko Olena Ivanovna awarded the certificate to the chairman of the court Martyanov Svetlana Myroslavovna and thanks to Judge Martynyshyn Maria Alekseevna — members of the Association of Judges of Ukraine, for her conscientious work in the Association and for her assistance in the preparation and conduct of the seminar. After the visit to the court, everyone was invited to an interesting and meaningful tour to the Potocki Palace in the city. Lviv.


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