As Sayenko Kharenko truly cares about the clients’ interests, our international arbitration and litigation lawyers, during assessment of the possible dispute settlement mechanisms for resolving a particular dispute, may advise their clients to try mediation prior to going to court or using arbitration. Depending on the transaction and other circumstances, mediation may be provided as a part of the two-tier or multi-tier dispute resolution contract clauses.
In Ukraine, the instances when the top management of the Ukrainian subsidiaries of foreign companies must be dismissed due to the identified violations of the FCPA, the UKBA or the Ukrainian anti-corruption legislation have been gradually increasing. However, the mere fact of commitment of such violations is not sufficient to fire the guilty general director and other managers under the Ukrainian labour legislation. The experience shows that the use of formal mediation or application of mediation techniques during dismissal negotiations is crucial. This is particularly true in view of that the labour disputes are not arbitrable under Ukrainian law and, therefore, if a dismissed employee files a wrongful dismissal lawsuit with a competent court the identified FCPA/UKBA and/or Ukrainian anti-corruption legislation related violations will become public, which is the least desirable outcome for the foreign parent companies.
Several Sayenko Kharenko lawyers are also the certified mediators. Depending on the circumstances, they can either sit as mediators or use their knowledge of the specifics of the mediation method, techniques and procedure to represent the clients during the employment, commercial and other types of mediation.
Our counsel Svitlana Kheda is a certified mediator experienced in employment mediation. She is heading the ICC Ukraine based Mediation Centre and is a founding member of the Mediation Practices Club under the auspices of the Ukrainian Mediation Centre. Svitlana is a well-known champion of the mediation development in Ukraine. She speaks and writes frequently on mediation issues, both in Ukraine and abroad.