Cultural and Institutional Impediments to Mediation in Post-Soviet Countries: Focus on Ukraine

Tuesday, 12 July 2016: 09:30
Location: Hörsaal 24 (Main Building)
Oral Presentation
Tatiana KYSELOVA, University of Turin, Italy
Mediation as an Alternative Dispute Resolution (ADR) institution is aimed at speedy resolution of various types of disputes by the parties with the assistance of the neutral mediator avoiding traditional litigation in state courts. It is currently being promoted by the international community and European Union in Ukraine as a viable instrument of peace-building and dispute resolution in all areas of social life.

Mediation is being introduced in Ukraine and other post-Soviet countries since early 1990-ies. However, by today it becomes obvious that these efforts encounter significant challenges and difficulties. The hypothesis of this study is that cultural, psychological and institutional impediments might exist which call for specific, hand-tailored approaches in fostering mediation and dialogue in post-Soviet countries.

This paper will present preliminary results of the empirical study of mediation institutionalization in Ukraine based on a series of semi-structured interviews to be conducted in three cities in Ukraine in March-April 2015. The study employs broadly conceived socio-legal approach that will analyse the filed-work data within a broader context of current Ukrainian socio-economic and political situation. The paper will address the question about specific cultural and institutional impediments and possible measures to mitigate them.