RULES OF CONDUCTING THE MEDIATION PROCEDURE Project

Preface The goal of the given Rules is implementing the practice of mediation through the civil, legal and judicial systems of Ukraine. The Rules do not make direct provisions of the articles concerning court-appointed mediation because of the lack of the proper legislation, existing, for example in the USA, Canada, Australia or Argentina. At the same time the Rules present mediation as an important factor of settlement of the civil cases in the court

"Restorative Justice as a Factor of the Judicial Reform in Ukraine": the meeting of the judges of Kharkov Regional Court with the members of Kharkov Regional Mediation Group and authors of the project "Restorative Justice" (USA)

PART I GENERAL PROVISIONS

Chapter 1. Main Provisions
Chapter 2. Demands Placed on a Mediator
Chapter 3. Authority and Responsibility of a Mediator
Chapter 4. Occasion of Conducting the Mediation Procedure
Chapter 5. Time, Place and Terms of Conducting the Mediation Procedure
Chapter 6. The Parties' Expenses on Conducting the Mediation Procedure

PART II PERSONS TAKING PART IN THE DISPUTE AT CONDUCTING MEDIATION, THEIR RIGHTS AND DUTIES

Chapter 7. General Provisions
Chapter 8. The Parties
Chapter 9. The Third Parties
Chapter 10. Representation in Mediation

PART III PREPARATION AND CONDUCTING THE MEDIATION PROCEDURE

Chapter 11. Bringing Mediation
Chapter 12. Responsibility of an Organization Coordinating the Mediation Process
Chapter 13. Coordination of the Mediation Process
Chapter 14. Conducting the Mediation Procedure
Chapter 15. Assignment of Expert Evaluation
Chapter 16. Agreement between the Parties Concluded at the Mediation Process
Chapter 17. Special Conditions Excluding Mediation

PART I GENERAL PROVISIONS
Chapter 1 Main Provisions
Article 1. Legitimacy at Considering Disputes The basis of use of the present rules is Constitution of Ukraine and the acting legislation, as well as international treaties as a part of the national legislation of Ukraine. The rules of conducting the mediation procedure in the system of alternative dispute resolution set order of dispute resolution and are used only voluntarily by the parties that concluded the agreement about mediation and agree with the present Rules.
Article 2. Goal of Mediation The goal of mediation is the settlement of the natural and legal persons' disputes by means of mediation in non-judicial and negotiation forms according to the acting legislature.
Article 3. Responsibility of the Parties and Mediator The parties are responsible for keeping the present Rules, and for keeping the agreement in case of reaching it. The mediator is responsible only for conducting the mediation procedure according to his or her reference provided by the present Rules. The mediator is not responsible for the content of the agreement concluded by the sides in the process of mediation and for its further keeping.
Article 4. Right to Conduct Mediation Every interested person has a right to try to resolve the dispute by amicable settlement or by reaching the mutual compromise. In case of the mutual agreement of the parties, mediation is conducted.
Article 5. Voluntarism at Mediation Mediation is a voluntary process oriented at free will of the parties at every stage of its conducting. It is inadmissible to force the parties or mediator to take part in the process of mediation. Every party and mediator has a right to stop mediation at every stage of its conducting.
Article 6. Binding Mediation Mediation is binding when its conducting is the agreement or contract provision between the parties.
Article 7. Legal Equality of the Parties at Conducting Mediation Mediation is conducted according to the principles of the legal equality of the parties. Any discrimination for the parties before, at or after the process caused by property, social or gender status, racial, national, ethnic origin, education, language, culture, religion, domicile, business as well as other reasons are inadmissible.
Article 8. Collective, Sole and Rotation Solving of Disputes and Participation of Mediator's Assistants Mediation can be collective, sole or rotation. The parties set the order by consensus. The mediator's assistant is allowed to take part in the process to help the mediator if the parties agree to it.
Article 9. Assignment of Case to Other Mediator If the case is assigned to the other mediator, the mediator, taking the case is to inform in writing the other mediator during three days. All the questions of payment to both mediators are to be solved during five days from the moment of the case assignment to the other mediators and the agreements are to be re-concluded. On application of the parties all the information received at the process of mediation, shall be available to the new mediator. The information received during the caucus, is assigned only in case of the parties' agreement.
Article 10. Conditions When Mediation is unaffordable There are conditions when mediation is unaffordable:
1) disputes caused by criminal offences;
2) when the present Rules are not kept;
3) in case of personal direct or indirect interest of the mediator in the dispute;
4) if there are relative, business or other special relations of the mediator or his assistant with one ore more parties of the dispute, when the other participants did not know it before.
Article 11. Language in Which Mediation is Conducted Mediation is conducted in Ukrainian. In case of the parties' proposition, mediation is conducted in the language of the majority of population of the place where the procedure is conducted, but on the stipulation that the parties understand each other and the mediator. When it is necessary, the parties use the service of interpreters, after concluding a special agreement with them.
Article 12. Privacy of Mediation Procedure The mediation procedure is a private one, except the cases when all the participants agree to the public conduction. Openness and publicity is measured by the parties.
Article 13. Confidentiality of Mediation Any confidential information received by the parties, mediator and his or her assistant during the process of mediation, may not be disclosed by them. The parties can deliver confidential information in a way they consider it necessary for the successful dispute resolution. The parties cannot use in the arbitration, court and other processes: the parties' opinions and propositions, argumentation, assignments, as well as any other information received at the process of mediation. All the notes, records and other documents and other material objects (audio and video tapes, photos, computer diskettes and disks) received or made at the process of mediation are not to be made public without the parties' special permission. The parties pledge themselves not to enlist the mediators, their assistants and other people taking part in mediation as the third parties in any competition or in court on the occasion of the circumstances, facts, conditions, documents and other data that were discussed or worked out during mediation. The information received by the mediator during the caucuses with the sides, is confidential and is to be made public fully or partially only on the parties' permission. Use of stenographic records is not allowed after the process of mediation.

Chapter 2 Demands Placed on a Mediator
Article 14. Demands Placed on a Mediator A mediator in mediation of a dispute can be a person of 21 years old or older that is not interested in the dispute and appointed by the parties on the base of their good will.
Article 15. Independence and Neutrality of a Mediator At the process of conducting mediation, a mediator is to be independent, observe neutrality and equal attitude towards all the parties of the dispute being considered, and he or she is not to protect the interests of any other person that does not take part in the process of mediation. A mediator cannot express his or her subjective point of view or concerns about the case or for any of the parties unless it is a point of a special agreement with every party of the dispute. A mediator's neutrality is also provided by the fact that he or she cannot serve as a legal adviser, representative or expert for the parties.

CHAPTER 3 Authority and Responsibility of a Mediator
Article 16. Authority of a Mediator A mediator is responsible only for conducting the process of mediation as it is said in the present Rules, rendering his or her assistance to the parties for their reaching of a mutual agreement or compromise by means of the negotiations with both parties or with every party separately. The parties of the dispute are to negotiate only with the help of a mediator that conducts mediation. A mediator has right, if the parties agree, to enlist the experts on the aspects of the dispute being considered. A mediator has a right to drop a mediation procedure at every stage if he or she considers the further mediation impossible.
Article 17. Responsibility of a Mediator According to the present Rules a mediator is responsible in the face of the parties and organization, coordinating this mediation: for his or her independence and neutrality at every stage of the case, confidentiality of the process and for the keeping of the present Rules.

CHAPTER 4 Occasion of Conducting the Mediation Procedure
Article 18. Occasion of Conducting the Mediation Procedure Occasions of Conducting the Mediation Procedure are:
1) voluntary accordance of the parties fixed in writing;
2) an agreement or contract, if a mediation procedure is a binding one according to the contract or agreement concluded before.

CHAPTER 5 Time, Place and Terms of Conducting the Mediation Procedure
Article 19. Place of Conducting Mediation Place of conducting mediation is to be neutral as regards the dispute unless the other is fixed in a special agreement.
Article 20. Time of Conducting Mediation Time of conducting mediation is agreed beforehand by the parties and the mediator conducting the procedure but at the latest three days.
Article 21. Terms of Conducting Mediation Terms of conducting mediation are fixed by the parties and mentioned in the application for mediation or in appendices.
Article 22. Consequences of Missing Terms of Conducting Mediation If the terms are missed by the party or the parties, the mediation is considered as taking no place.
Article 23. Reckoning the Terms of Conducting Mediation The terms of conducting mediation fixed by the parties are reckoned in years, months and days.

CHAPTER 6 The Parties' Expenses on Conducting the Mediation Procedure
Article 24. The Parties' Expenses on Conducting the Mediation Procedure All the expenses on conducting the mediation procedure are paid by the parties of the dispute according to the agreement, and in case of absence of the agreement - in equal parts.
Article 25. Payment to a Mediator A mediator is to reach the agreement about the payment of his work with the parties that is to be fixed in the agreement on conducting mediation. A mediator is to calculate the payment for his work on the basis of hourly pay, that does not depend on the results of mediation.
Article 26. Kinds of the Parties' Expenses on a Mediation Procedure Expenses on a mediation procedure are payment for the services of the organization coordinating mediation, payment for the mediator's work and fixed costs connected with the case, that are paid by the parties or the people interested in the dispute settlement. Direct expenses on mediation include payment to a mediator. Possible fixed costs connected with the dispute resolution are:
1) payment to the experts and translators/interpreters;
2) payment to the legal, financial and other representatives of the parties in mediation;
3) other expenses approved by the parties (office rent, telephone conversations, etc.).
Article 27. Payment to Experts and Translators/Interpreters The services of the experts and translators/interpreters are paid according to the agreement with the parties and they are cover their travel expenses, lodging and daily allowances in case of their work in another region.

PART II PERSONS TAKING PART IN THE DISPUTE AT CONDUCTING MEDIATION, THEIR RIGHTS AND DUTIES

CHAPTER 7 General Provisions
Article 28. Persons Taking Part in Mediation Persons taking part in the procedure of mediation are:
1) the parties being in dispute;
2) the third parties;
3) the representatives of the parties and of the third parties having official authorities to express their interests with the right to conclude an agreement.
Article 29. Enlisting Other Persons to Mediation Exclusively on the parties' appointment and according to the acting legislation, the third persons can voluntarily be enlisted to mediation, as well as the representatives of the parties and third persons and other natural and legal persons interested in the dispute settlement. In case of necessity and mutual appointment of the parties and mediator, all the persons mentioned above can be parties.
Article 30. Rights and Duties of Persons Taking Part in Mediation The persons taking part in mediation have a right to propose any ways for the settlement of the dispute, present their reasons, concerns and objections, hold caucuses, drop the process at any moment and turn to other methods of dispute resolution. They have a right on the confidentiality of the mediation procedure and keeping the other terms expressed in the present Rules. The persons named in the present article are to negotiate only with the help of a mediator at a mediation procedure, be correct, keep the present Rules and enjoy their procedural rights.
Article 31. Capability in Mediation The citizens coming of age and legal persons have power to use their rights and interests in mediation on their authority and through empowerment. The citizens not coming of age from fifteen to eighteen have a right to participate in mediation as a party only on the questions arising from the agreements, that they have a right to conclude on their authority, according to the law, and in the cases on restoring damage to them. When it is necessary to conclude the agreement where the under-ages need the approval of their parents, adoptive parents, tutors or trustees, a mediator is to enlist the latter to mediation to defend the interests of under-ages. The rights and interests of the persons not coming of age and disabled citizens because of mental illness or imbecility or partially disabled because of alcohol or drug misuse are represented by their legal representatives, i. e. parents, adoptive parents, trustees or tutors.

CHAPTER 8 The Parties
Article 32. Definition of the Parties Taking Part in the Process of Mediation The parties taking part in the process of mediation are the persons that want to settle their dispute by means of mediation. The parties of mediation can be citizens and government and non-government organizations, their unions and other of different kinds of property.
Article 33. Procedural Rights of the Parties At conducting the process of mediation, the parties enjoy equal rights. Besides the rights mentioned in Articles 12,13 and 30 of the present Rules, the parties or one of them have rights to:
1) choose mediators;
2) initiate expert evaluation;
3) make mutual assignments;
4) change the reason and subject of the dispute;
5) conclude the agreement or cut off the process of mediation at every stage.
Article 34. Responsibility of the Parties The parties taking part in the dispute at mediation respond in civil and legal way for the subject matter, goal and further fulfillment of the agreement according to their responsibility and the legislation of Ukraine.
Article 35. Participation in the Process of Mediation of More than Two Parties More than two parties are allowed to participate in the process of mediation in cases of objective necessity or when it is connected directly with the dispute resolution.
Article 36. Replacement of an Undue Party If it is found out, that the party taking part in mediation, has no right on the point at issue, a mediator having the permission of the due party, can enlist the other due party to mediation in case of his or her voluntary agreement. After the replacement of the party, the process of mediation starts anew.
Article 37. Procedural Legal Succession in Mediation In case of dropping out of one of the parties of the process of mediation and his or her replacement by the legal successor, the latter is to keep all the requirements of the present Rules. It is necessary to have the agreement of a mediator, successor and all the parties taking part in mediation for continuing the process. As the parties agreed, the mediation can start anew or to be continued if there are no objections to the previous process, and all the parties are satisfied with the results.

CHAPTER 9 The Third Parties
Article 38. Possibilities of Participation of the Third Parties in Mediation The third parties have a right to apply to the organization conducting mediation with a proposition of the mediation with the parties or the party, whose dispute resolution they are interested in.
Article 39. The Third Parties Making Demands on the Point at Issue The third parties making demands on the point at issue, can be admitted to the process of mediation only on the mutual approval of the mediator and the parties taking part in the mediation. In case of denial of the parties and mediator to the third parties to take part in the process of mediation, the third parties can inform the parties about their vision of the dispute resolution in writing.
Article 40. The Third Parties Making no Demands on the Point at Issue The third parties making no demands on the point at issue, can inform the parties or mediator about their vision of the dispute resolution in writing.
Article 41. The Third Parties Admitted to the Process of Mediation In case of participation of the third parties as the parties in the process of mediation, they are to keep the parties' duties and the present Rules and enjoy their rights. If the third parties take part in the process to express their special opinion, they are to keep confidentiality and not to disclose the information open to them as a result of their participation in the process.

Chapter 10 Representation in Mediation
Article 42. Kinds of Representation Citizens can represent their interests in mediation in person or through their representatives. The personal participation of a citizen in a case cannot deprive him or her of the right to have the representative in the case. The affairs of the legal persons in mediation are administered by the bodies acting according to their legal authority, statute, constitutive agreement or regulation or by their representatives. The managers of the organizations acting as bodies of the legal person, present the documents proving their position and authority to the mediator.
Article 43. Representation in the Disputes of Disabled and Partially Disabled Citizens The rights and interests of disabled citizens and partially disabled citizens are represented in mediation by their parents, adoptive parents or tutors that present the documents proving their authority to the mediator. In the dispute, where the successor of the dead person or the person declared statutory dead takes part or if the succession is still vacant, a trustee appointed for the protection and administration of succession, can be a representative of a successor. The legal representatives can order the conduction of the case to the other person appointed by them as a representative on the aspects mentioned in the present article.
Article 44. The Persons that can be Representatives The representatives of the parties and the third parties in mediation can be:
1) the members of the administrative bodies, employees of the enterprises, establishments and organizations, their unions that does not depend on the forms of property - in the disputes of these enterprises, establishments and organizations;
2) the attorneys of the trade unions - in the disputes of the workers, employees, as well as other persons whose rights and interests' protection is exercised by the trade unions;
3) the attorneys of the organizations that have a right to represent the rights and interests of the members of these organizations according to the statute or position - in the cases of the members of these organizations;
4) attorneys at law;
5) one of co-participants by order of the other co-participants ( Article 35 of the present Rules);
6) other persons admitted by the mediator and parties and possessing the necessary authority of the party represented.
Article 45. The Documents Proving the Authority of the Representatives The authority of the representatives of the parties and the third parties with the right to participate in mediation is to be proved with the following documents:
1) the members of the corporate administrative bodies of the legal persons and their associations - by the extract from the minutes of the meeting of a proper administrative body empowered them to participate in mediation;
2) the employees of the enterprises, establishments and organizations - by the warrant on behalf of the enterprise, establishment or organization;
3) the attorneys of trade unions - by the warrant of the proper trade union body;
4) attorneys at law - by the order given out by a legal advice office or by a proper contract;
5) other persons - by the warrant of the principal. The originals of the documents named in the present article or their copies are to be attached to the application of the parties and kept for the five years in the organization coordinating the mediation.
Article 46. Legalization of a Warrant Warrants on behalf of legal persons or their association that does not depend on the form of property are given out with the signature of the authority empowered by the statute, constitutive agreement or regulation with a seal of the legal person. The written warrants of the citizens are notarized. The citizens can also authenticate the warrant for representation in mediation at the enterprise, establishment or organization where they work or at the house management office where they live, military men - at a proper military unit, people living in the places where there is no notary's office - in the executive committee of the town or village council, people being in hospital - at a proper hospital. The warrants of the people in prison can be authenticated by the chiefs of the prisons.
Article 47. Authority of the Representative in Mediation Authority on mediation gives the right to the representative to act on behalf of the principal in any question provided by the mediation procedure, except going to the law as well as to the court of arbitration and any other court, full or partial refusal of the demands placed on the other parties and the conditions of reaching amicable settlement or agreement in essence, devolving power on the other representative (re-empowerment), getting property or money under arrangement. The authority of the representative on fulfilling every action mentioned in the present Article, are to be confirmed in the warrant given to him or her.
Article 48. Persons that cannot be Representatives in Mediation Representatives in Mediation cannot be:
1) persons not coming of age;
2) persons being under tutelage;
3) attorneys at law rendering legal assistance with the breach of the rules set by the Bar Law of Ukraine as well as the persons expelled from the Bar Board.
Judges, investigators and prosecutors cannot be representatives in mediation except the cases when they act as parents, tutors or trustees or as representatives of a proper court or prosecutor's office that is a party of a dispute.

PART III PREPARATION AND CONDUCTING THE MEDIATION PROCEDURE

Chapter 11 Bringing Mediation
Article 49. Reasons for Bringing Mediation Bringing mediation is possible in the following cases:
1) according to the application of the party or the parties;
2) when mediation is a contract or agreement provision between the parties.
Article 50. Content and Form of the Application for Mediation Application form is submitted in writing to the organization conducting mediation. Application form is to include:
1) name of the organization is to consider the dispute;
2) name of the party submitting the application form and the names of all the parties taking part in the case, their addresses and telephone numbers, as well as their representatives', if the latter is to take part in the mediation;
3) brief subject matter of the dispute;
4) propositions for the dispute settlement;
5) brief argumentation in favor of conducting mediation in the dispute;
6) signature of the party or his or her representative with a day, month and year of submission.
Article 51. Submission of the Copies of the Application Form for Mediation The party submitted the application form and brought mediation, is to submit the application form with a number of copies quantitatively equal to the parties taking part in the dispute. Chapter 12 Responsibility of an Organization Coordinating the Mediation Process
Article 52. Functions of an Organization Coordinating Mediation The organization coordinating mediation is to:
1) conduct coordination of the case by its secretariat;
2) keep the register of mediators;
3) provide the place for conducting the mediation procedure in case of necessity;
4) take and consider the parties' propositions on conducting the mediation procedure;
5) keep statistics of the quantity of the conducted cases and the results of mediation.
Article 53. Responsibility of the Organization Coordinating Mediation Organization coordinating mediation is responsible for the right conduction of coordination, preserving confidentiality of the data that became known at the process of coordination and free choice of a mediator according to the present Rules.
Article 54.The Register of Mediators The organization coordinating mediation keeps the register of mediators with the following information about them:
1) last, first, middle name;
2) photos;
3) basic education and level of training as mediators;
4) quantity of the conducted cases and settled disputes as a mediator;
5) experience in resolution of different kinds of disputes.

Chapter 13 Coordination of the Mediation Procedure
Article 55. Coordination of the Mediation Procedure Coordination of the mediation procedure is conducted by the secretariat of the organization coordinating mediation, within the frames of its authority.
Article 56. Authority of the Secretariat in Conducting Coordination of the Mediation Procedure At turning of the party or the parties to the organization coordinating mediation with the request to organize a mediation procedure, the secretariat is to:
1) explain to the party or the parties the substance of the mediation procedure and get them acquainted with the present Rules at getting the application form;
2) ask to write up an application form according to Article 50 of the present Rules in case the party or parties agree to mediate;
3) get in touch with the other party or parties in case they are not informed about mediation and inform them about the application and opportunities of mediation;
4) hold a meeting with the other party or parties in case they are interested in mediation and get them acquainted with the present Rules;
5) ask to write up an application form according to Article 50 of the present Rules in case the other party or parties agree to mediate;
6) let all the parties know about their mutual agreement or disagreement to participate in mediation;
7) render the register of mediators to the parties providing their free choice of a mediator until they can reach an agreement on the same candidate;
8) get in touch with the mediator and get him or her acquainted with the application of the parties;
9) get the agreement or disagreement of the mediator on considering of the dispute;
10) provide the procedure of the choice of a mediator by the parties according to point 7 of Article 56 of the present Rules in case of the chosen mediator's disagreement or impossibility of his or her work according to Points 3 and 4 of Article 10 of the present Rules;
11) hold a meeting between the parties and the mediator in case of the latter's agreement on considering of the dispute in order for them to conclude the agreement about mediation and fix the terms and place of conducting the mediation;
12) provide the place of conducting the mediation procedure according to Article 19 of the present Rules;
13) accept propositions from the parties on conducting the mediation procedure after it have been completed and consider the questions of the resolution of new disputes; 14) provide statistics according to point 5 of Article 52 of the present Rules.
Article 57. Form of the Agreement of the Parties and the Mediator A form of the agreement of the parties and the mediator includes:
1) name of the organization coordinating the mediation;
2) names of the mediator or mediators and their assistants taking part in the dispute settlement;
3) names of the parties taking part in the case, their addresses and telephone numbers, as well as their representatives', if they are to take part in the case;
4) obligations of the parties and mediator to act within the frames of the present Rules;
5) sum of payment for the services of the mediator in the equal parts for the parties or according to their preliminary approval;
6) signatures of the parties or their representatives and mediator with the fixed time and place of signing.
Article 58. Actions of the Mediator on the Case Preparation for the Mediation After learning the parties applications on mediation, the mediator can ask the parties for the exigent letters where the parties are to write down the main aspects as well as their positions and interests to be settled. Before the beginning the mediation procedure, the mediator is to get all the necessary information for the finding out the parties' difference.

Chapter 14 Conducting Mediation
Article 59. Form of Mediation Mediation is conducted in a form of joint sessions of the mediator and parties or their representatives.
Article 60. Identification of the Parties' Personalities The mediator identifies the personalities of the parties according to their applications for mediation and finds out the authority of the representatives.
Article 61. Opening of the Session The mediator opens the session, introduces himself or herself, asks the participants of the process to introduce themselves and briefly describes the coming mediation procedure and its rules. The mediator asks the questions to the parties whether their participation is voluntary and asks about any possible obstructions to the process named in the Articles10, 69 and 70 of the present Rules.
Article 62. Presentation of the Points at Issue by the Parties In the case of absence of the obstructions to conducting mediation, the mediator gives the right to the parties to speak in turn about the reasons of the dispute, points at issue and the goals and interests.
Article 63. Holding Caucuses Caucuses are held between the mediator and one of the parties for more detailed finding out of the party's interests. Such meetings are confidential and held in the closed session. Caucuses are possible only on mutual assent of all the parties and are initiated by the mediator, party or parties taking part in the mediation procedure. All the confidential information or its part that became known to the mediator at the process of negotiation, can be disclosed to the other party only on the permission of the party rendered the information.
Article 64. Actions of a Mediator at the Mediation Procedure At the mediation procedure, a mediator acts in the following way:
1) asks exact questions and asks the participants to confirm his or her understanding of the points at issue;
2) promotes to the parties' exchange of the information and messages on the aspects discussed by means of negotiation;
3) depending on the information builds and formulates mutually acceptable parts of the interests and, agreeing them with the parties, proposes them to come to the agreement step by step;
4) fixes the steps made by the parties towards the agreement or compromise;
5) paraphrases the substantial propositions of the parties for strengthening the positive impact of the negotiation process;
6) makes interim conclusions of the negotiation process, sums up and revises all the steps of the negotiation process where the parties' opinions are equal and asks the parties to fix them;
7) holds caucuses with the parties;
8) initializes an expert evaluation in the case of necessity on the parties' approval;
9) depending on the propositions worked out by the parties, discusses the best alternatives of the negotiated agreement, and in case of absence of the agreement - the worst alternatives to the negotiated agreement;
10) discusses with the parties all the points of the agreement until their approval as an agreement.
Article 65. Goals of a Mediator's Activity at a Mediation Procedure Goals of a mediator's activity at a mediation procedure are:
1) setting the air of trust, cooperation and the parties' interest in the dispute resolution;
2) development of tolerant and civilized relations of the negotiation relations based on compromise;
3) the parties' realizing of the new opportunities of the dispute settlement by means of mediation;
4) the parties understanding of the each other's interests as to the main problems and tasks of the considered dispute;
5) the dispute settlement and conclusion of the agreement between the parties;

Chapter 15 Assignment of Expert Evaluation
Article 66.Assignment of Expert Evaluation In case of necessity of expert evaluation, the mediator and parties fix the terms of its conduction. Expert evaluation is conducted in accordance with established procedure, and the parties pay its costs in equal parts or according to their preliminary approval. In this case the session is postponed till the moment of announcement of the results of the expert evaluation, and the new date and time of mediation is fixed.

Chapter 16 Agreement between the Parties Concluded at the Process of Mediation
Article 67. Agreement between the Parties Concluded at the Process of Mediation The agreement between the parties concluded at the process of mediation, is to be voluntary and is not to break the acting Legislature of Ukraine. The parties signed the agreement concluded at the process of mediation are responsible for its content and meeting of its conditions according to the acting Legislature of Ukraine. The mediator is not responsible for the content and the further implementation of the agreement concluded by the parties at the process of mediation.
Article 68.Content of the Agreement between the Parties The agreement between the parties consists of the introduction, motivation and negotiated part. The introduction contains time, day and year of the conclusion of the agreement, names of the parties, their addresses and legal names. The motivation is to contain the main circumstances of the dispute and conclusions made by the parties at the process of mediation. The negotiated part is to contain the conditions of the dispute or part of the dispute settlement and that they promise to keep according to the legislature. At the end of the agreement the parties are to sign it, and in case of the signature by the legal persons, they are to affix the seal. In case of necessity, the agreement can be authenticated by the witnesses or in any other way according to the legislature.

Chapter 17 Special Conditions Excluding Mediation
Article 69. Breach of the Law by the Party At conducting the mediation procedure the parties respond for their actions according to their criminal and civil liability. In case of the breach of the law, the agreement or its part concluded by the parties at the process of mediation is considered void and is disputed according to the law.
Article 70. Special Conditions Excluding Mediation Special conditions excluding mediation are: 1) judgement about declaring disable or partially disable of the persons taking part in mediation as parties;
2) judgement about absentee or dead of the persons taking part in mediation as parties;
3) refusal of the parties to conduct mediation;
4) natural and other disasters and force majeure circumstances, excluding mediation.