MEDIATION IN ENFORCEMENT PROCEEDINGS AT REQUEST OF CREDITOR BANK: ISSUES AND PROSPECTS FOR STANDARDISATION OF PROCEDURES

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Abstract
This article presents a comprehensive theoretical, legal and practical analysis of the specific features of the use of mediation in enforcement proceedings at the request of a creditor bank. The article examines the legal framework for the use of mediation procedures at the stage of the enforcement of court decisions through the prism of the provisions of the Law of Ukraine 'On Mediation', the Law of Ukraine 'On Enforcement Proceedings' and contemporary approaches to the development of alternative dispute resolution. It has been established that the current legislation of Ukraine does not contain a specific mechanism for conducting mediation in enforcement proceedings, which gives rise to a number of legal application issues and hinders the practical use of such procedures. Particular attention is paid to issues of legal uncertainty regarding the procedure for interaction between the creditor bank, the debtor, the mediator and the state or private enforcement officer, as well as the lack of standardised approaches to the documentation and implementation of agreements reached as a result of mediation. The study analyses academic approaches to defining the role of mediation within the enforcement proceedings system and examines current trends in the transformation of the enforcement process from an exclusively coercive model to models focused on finding mutually agreed methods of enforcing decisions. As part of the study, an analysis was carried out of domestic legal doctrine and international experience in the legal regulation of mediation at the stage of enforcing court decisions, in particular the practices of certain European states regarding the integration of mediation mechanisms into the sphere of debt settlement and the enforcement of enforcement documents. Common trends have been identified, relating to the increased role of negotiation procedures, ensuring the voluntary fulfilment of obligations, and the development of standardised approaches to conducting mediation. The study provides a scientific justification for the standardisation of mediation procedures in enforcement proceedings at the request of a creditor bank as one of the avenues for improving the mechanism for the enforcement of court decisions. It is proposed that standardisation be regarded as a system of uniform procedural rules governing the procedure for initiating mediation, the interaction between participants in the procedure, the scope of the negotiations, the formalisation of mediation outcomes, and the mechanisms for their subsequent implementation in enforcement proceedings. Proposals have been formulated to improve national legislation by codifying the specific features of conducting mediation at the stage of enforcement of court decisions, defining the procedural status of the enforcement officer, and introducing standardised mediation procedures in cases concerning the recovery of debts in favour of the creditor bank.

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