Don't want to deal with courts? Mediation to the rescue
Do you have a positive experience with courts?
Maybe your acquaintances? Well, how many judge-lawyer scandals can you remember in one instance?
These questions didn't allow me to practice law and build a career in court or a law firm. Professors and legal practitioners claim that winning a case for a client is a positive experience with the courts. But after the case, we satisfy only our ambitions, while the case doesn't end with the decision of the judge of the first instance, appellate instance, cassation instance, and even the decision of the European Court of Human Rights. Somewhat abstract justice is established, but the decision cannot be executed simultaneously. And it doesn't resolve the conflict and completely ruins the relations of opponents. And sometimes there are also acts of revenge.
To the facts. Imagine that we've passed all the circles of the Ukrainian judicial system and "win the case." Further, we don't even expect voluntary execution of the court decision by the other party to the dispute, so we turn to the State Enforcement Service or private executors. Unfortunately, our chance for real and enforced execution of a court decision varies between 10-25 percent (according to the annual official statistics of the Ministry of Justice of Ukraine). According to the latest data, "Of the UAH 724.6 billion being subject to execution by the State Enforcement Service in 2019, UAH 16.5 billion was actually collected, i.e. the efficiency is 2.3 percent" (law_proceeding_concept_discussion). The situation is slightly better with private executors, whose efficiency is 5.8 percent.
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