Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect

Authors

  • Roksolana KHANYK-POSPOLITAK Associated Professor at the Law School, National University Kyiv-Mohyla Academy, Kyiv, Head of the Private Law Department https://orcid.org/0000-0001-6185-7479
  • Tetiana KOROTENKO Mag., Assistant of a Judge, District Court, Kyiv, Ukraine

Keywords:

Alternative Dispute Resolution (ADR); Specialized Ombudsman; Business Ombudsman; Financial Ombudsman; Settlement of a dispute with the participation of a judge.

Abstract

Ukrainian institutions that would facilitate alternative dispute resolution have been in the process of establishment since Ukraine's independence in 1991. At present, only the activity of arbitration courts is regulated in Ukraine by law as an alternative way of resolving disputes. Since 2010, there have been repeated attempts to create financial ombudsman institute. The first ideas of creating business ombudsman institute date back to 2013. This type of ombudsman has been in operation since 2014 and can be considered the most successful and effective both now and in the near future. Currently in Ukraine, there are also the following types of specialized ombudsmen: insurance, energy, language and education ones. Dispute settlement with the participation of a judge was introduced in civil litigation as an alternative method of dispute resolution in 2017. This institution provides the parties of the conflict with additional opportunities for faster and more effective settlement of the dispute. At present, this institution is not very widely used in practice, but in the coming years it will become more popular. The example of the activities of specialized ombudsman institutions and dispute resolution with the participation of a judge shows that Ukraine is adopting the world's best dispute resolution practices that will contribute to a faster, more effective resolution of the conflict without trial.

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Published

2022-05-26

How to Cite

KHANYK-POSPOLITAK, R., & Tetiana KOROTENKO. (2022). Institute of specialized ombudsman vs dispute resolution with participation of a judge: current situation and development prospect. Revista Jurídica Portucalense, 118–134. Retrieved from https://revistas.rcaap.pt/juridica/article/view/26281