ON THE SUBJECT OF INTERNATIONAL COMMERCIAL MEDIATION: CURRENT STATUS AND PROSPECTS FOR DEVELOPMENT

Abstract

This article examines the current state and trends in the development of international commercial mediation as a component of a multi-tiered dispute resolution system. It argues that mediation is evolving from an alternative conflict resolution tool into an independent element of the global justice system, focused on achieving legally binding and potentially enforceable outcomes. The evolution of the regulatory framework for mediation is analysed, in particular, the role of model acts, international treaty mechanisms and national legislation, and the significance of the Singapore Convention in shaping the mechanism for the cross-border enforcement of mediation agreements is outlined. A comparative legal analysis is conducted of approaches to the institutionalisation of mediation in various jurisdictions, including Ukraine, the United Kingdom, the United States and Singapore, with an emphasis on the role of institutional infrastructure and procedural integration. Particular attention is paid to the activities of leading international institutions and their influence on the development of mediation practice as a market mechanism. The article examines the characteristics of procedural models of mediation, including facilitative, evaluative and transformative models, as well as hybrid forms combining mediation with arbitration. The article also analyses issues relating to the enforcement of mediation agreements, confidentiality and procedural privilege, the role of lawyers in the mediation process, and the importance of professional standards. It is argued that the effectiveness of international commercial mediation is determined by the integration of regulatory, institutional, procedural and economic factors. It concludes that there is a need for further development of the institutional environment for mediation in Ukraine, taking into account international experience. It is emphasised separately that the further development of international commercial mediation depends not only on improving the regulatory framework, but also on establishing a consistent practice of its application. In this context, particular importance is attached to the institutional capacity of mediation centres, the transparency of statistical data, the standardisation of procedures, the proper professional training of mediators and representatives of the parties, as well as the ability of national legal systems to ensure the predictability and enforceability of the agreements reached.