Title: Mediation as an alternative form of protection of shareholders' rights in property relations

Authors: Bogdan Derevyanko; Liudmyla Nikolenko; Olha Turkot; Natalya Ivanyuta; Iryna Butyrska

Addresses: Department of the International Private and Comparative Law, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Department of Economic and Legal Disciplines, Donetsk State University of Internal Affairs of Ukraine, Mariupol, Ukraine ' Department of Law, Lviv National Agrarian University, Dublyany, Ukraine ' Department of Civil, Labour and Social Security Law, Donetsk State University of Internal Affairs of Ukraine, Mariupol, Ukraine ' Department of Procedural Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

Abstract: Violations of shareholders' rights occur in almost every joint-stock company. The mediation helps resolve corporate disputes with the help of neutral persons. The parties, through a mediation procedure, make decisions to protect the legal rights and interests of all parties to the dispute, taking into account the mutual and voluntary consent of each and in such a way that the decision does not violate the interests of any of them. Using this method of dispute resolution, it is possible to protect the legal rights of shareholders without going to court, without spending money on lawyers' services and court fees, as well as saving valuable time. In the world, the main provisions and procedures for mediation are consolidated at the legislative level, but Ukraine has not adopted a law for the implementation of legal regulation of this method of dispute resolution.

Keywords: economics; mediation; shareholders; protection; alternative dispute resolution methods; corporate disputes.

DOI: 10.1504/IJPLAP.2022.124424

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.227 - 241

Received: 02 Dec 2021
Accepted: 04 Feb 2022

Published online: 26 Jul 2022 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article