Genesis, current status, and prospects for the development of the institution of negotiation in Ukraine

Abstract

As of 2024, the use of alternative dispute resolution is becoming increasingly relevant caused by the complicated access to justice due to martial law. The purpose of this study was to analyse the historical experience of using negotiations in Ukraine from the Middle Ages to the present day and to identify the vectors for further development of this institution. Both general scientific and special scientific methods were employed: formal legal and comparative legal methods. It was found that the term “negotiation” can be used in several meanings: 1) the process of reaching an agreement; 2) the stage of court proceedings; 3) the stage of mediation, conciliation, or other methods of alternative dispute resolution; 4) a separate method of alternative dispute resolution. As the times of Kyivan Rus, the Ruska Pravda prescribed an analogue of negotiations – the replacement of blood revenge with a payoff; in the 16th-century Lithuanian statutes, the negotiation process was called “unity”. The “Rights by which the Little Russian people are judged” of the mid-18th century defined two forms of documents drafted as a result of negotiations: a conciliation agreement (without the participation of mediators) and a conciliation verdict (with the participation of mediators). During the Soviet era, legislation tended to establish the right to judicial protection depending on the previous use of alternative dispute resolution. However, since Ukraine’s independence, this trend has changed, and the law now prescribes the right of everyone to choose how to protect their rights. Further vectors for the development of the institution of negotiations in Ukraine may include the introduction of various types of platforms for remote participation in the negotiation process, as well as the development of the legal framework towards detailing negotiation procedures. The findings of this study can be used in teaching disciplines of the historical and legal cycle in higher education institutions of Ukraine, as well as for further forecasting the development of this institution and its improvement

Keywords

• alternative dispute resolution
• conciliation
• judicial process
• private law relations
• state-building