The UBA Mediation Committee, together with the Association of Family Mediators of Ukraine and the Free Legal Aid System, held an online event on the topic: “Mediation agreements: what a lawyer needs to know,” which took place on September 30, 2025.

The event was attended by lawyers, mediators, attorneys at law, notaries, and other professionals interested in the topic of mediation and the practical aspects of concluding agreements within this procedure. Participants had the opportunity to learn about current issues related to:

• types of agreements concluded before, during, and after mediation;
• the legal nature and legal force of such agreements;
• ethical and procedural limits of client support in mediation;
• practical examples of agreement wording and cases from the real practice of mediators and lawyers.

The event was opened by moderator Olena Dryshlyuk, Chair of the UBA Mediation Committee, attorney at law and certified family mediator. She outlined the purpose of the meeting, introduced the speakers, and emphasized the importance of combining the efforts of various professions to develop mediation in Ukraine.

The first part of the event, “Agreements in the Mediation Procedure,” featured presentations by Iryna Bondarenko, Head of the Department for the Implementation of Alternative Dispute Resolution Methods in the Legal Aid System, mediator, member of the NGO “Association of Family Mediators of Ukraine,” and Olga Shmindruk, PhD in Law, lawyer, associate professor at the National University “Ostrog Academy,” chair of the NGO “Center for Mediation and Dialogue.”

The speakers addressed the issues of mediation clauses and agreements concluded at various stages of preparation for mediation, and also emphasized the role of the lawyer in this process — taking into account ethical constraints and practical experience.

Olga Shmindruk emphasized:

"Mediation is a path to a profound resolution of conflict. Its goal is to reach voluntary agreements that take into account not only legal but also social and psychological aspects. Whereas a settlement agreement is the legal conclusion of a court case. An agreement reached through mediation is a broader solution that allows the parties to comprehensively resolve the conflict, including in the legal field. And often it is this agreement that becomes the basis for the subsequent conclusion of a settlement agreement in court."

Iryna Bondarenko, in turn, noted:

"A lawyer in mediation is a guarantee of protecting the client's interests. They help prepare for negotiations, form a negotiating position, assess risks, and verify the legality and realism of the agreement based on the results of mediation. It is important that the lawyer also accompanies the implementation of the agreements: from consultations and explanations to the submission of relevant motions in court. This gives the client confidence and the mediator support in achieving a fair and effective solution."

In the second part, “Agreement based on the results of mediation,” Iryna Petrova, notary, mediator, Chair of the Notaries Section of the Ukrainian Bar Association, member of the Ukrainian Association of Mediators, and Nataliia Petrenko, PhD in Law, lawyer, managing partner of YUSTA Law Firm, mediator, and member of the Board of the Ukrainian Association of Mediators.

Iryna Petrova emphasized the interprofessional approach:

“There is no competition between mediators, lawyers, notaries, and judges if we have a common goal: indisputability in agreements.”

“Conflict is a dynamic interaction that becomes a resource when it reaches the mediator.”

“An agreement based on the results of mediation is a record of decisions made orally, in writing, with an electronic signature, or with a notary certification. It saves time, money, and energy.”

Natalia Petrenko emphasized the practical value of written records:

"Written forms of mediation agreements, mediation contracts, or agreements based on mediation results, the essential terms of which are defined by relevant laws, are not excessive regulation, but rather a combination of meeting the social and legal needs of clients, protecting against future challenges, providing an opportunity to implement certain guarantees, and a joint plan of the parties who have thought through a realistic way to implement the agreements."

“There are a number of other advantages that the parties to the conflict receive if they adhere to the principles of mediation and the essential terms of legal transactions and record their agreements in writing. Lawyers play a key role in verifying that these agreements comply with the law, especially in cases where the matter is being considered in a procedural manner.”

 “Since the best outcome should be the uncontested implementation of agreements, mediators and lawyers should continue to develop common practices, analyze them, and improve them—especially for cases that are already in court or at the enforcement stage.”

The experts considered the requirements for the content and form of a mediation agreement, its legal nature, in particular, as one that can be formalized in the form of a settlement agreement. Examples of effective wording that helps to avoid legal risks were also presented.

During the final part, there was a discussion between the approaches of lawyers and mediators in the context of effectively achieving a beneficial, lawful, and sustainable agreement. The discussion touched on the limits of authority, communication styles, tools of persuasion, and building trust in the outcome of the procedure.

Participants also had the opportunity to ask questions to the speakers, discuss practical cases, and receive sample agreements that may be useful in legal and mediation practice.

The event took place in a warm professional atmosphere, facilitated the exchange of experience and deepened understanding of the legal nature of mediation agreements, as well as improving the quality of legal support in the mediation process.