Mediation as a tool for a new management culture: international practices and ukrainian challenges

Акіліна, Олена Володимирівна (2025) Mediation as a tool for a new management culture: international practices and ukrainian challenges Електронний журнал «Ефективна економіка» (7). ISSN 2307-2105

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Abstract

The article examines the effectiveness of mediation as an alternative form of commercial dispute resolution, which is increasingly being used in European Union countries. Mediation reduces the time needed to resolve disputes, lowers costs, preserves partnerships, and minimizes reputational risks, which is particularly important for business. Mediation is based on a cooperative model focused on achieving a mutually beneficial outcome, rather than the adversarial approach typical of litigation. According to SIDRA, 94% of companies say that it is the ability of mediation to preserve business relationships that is decisive in choosing this procedure. Particular attention is paid to the integral indicator of procedural load(calculated as the product of the duration of the procedure and its cost), which allows for a quantitative comparison of the effectiveness of courts, arbitration, and mediation. A comparative analysis of data from 27 EU countries revealed a stable advantage of mediation. However, the implementation of this tool faces barriers: lack of incentives, poor business awareness, limited number of professional mediators, and lack of mandatory procedures. International examples of effective implementation models are considered, in particular in Italy, Lithuania, Singapore (the Arb-Med-Arb model), as well as the positive experience of the Baltic countries. Particular attention is paid to the Ukrainian reality. Despite the formalized legislative framework and the creation of a Unified Register of Mediators, mediation in commercial disputes has not yet become widespread due to low awareness among businesses, lack of incentives, and weak institutional support. Practical steps are proposed for the formation of a Ukrainian model of commercial mediation, in particular the introduction of mandatory sessions in certain categories of cases, support from the courts, financing of the first procedures, and integration of the subject into management education. It is concluded that effective institutionalization of mediation requires not a mechanical transfer of foreign experience, but a rethinking of the managerial logic of its implementation. Mediation is seen as a strategic resource for the legal system and part of the culture of negotiation, which can improve the quality of the business environment and reduce the burden on the courts. The article is useful for lawyers, managers, and policymakers in the field of ADR.

Item Type:	Article
Uncontrolled Keywords:	mediation; conflict; alternative dispute resolution; institutionalization; business; management
Subjects:	Статті у базах даних > Index Copernicus Статті у періодичних виданнях > Фахові (входять до переліку фахових, затверджений МОН)
Divisions:	Факультет економіки та управління > Кафедра управління
Depositing User:	Олена Володимирівна Акіліна
Date Deposited:	30 Jul 2025 07:55
Last Modified:	30 Jul 2025 07:55
URI:	https://elibrary.kubg.edu.ua/id/eprint/52727

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