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Mediation as Extrajudicial Method of Dispute Resolution in Civil Law

Student: Dubrova Gellya

Supervisor: Liudmila Karnozova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

Gellya Dubrova Mediation as extrajudicial metod of dispute resolution in civil law. Main purpose of this work is to study the concept and essence of the the procedure of mediation as an independent way of settling civil disputes and the problem in its use. The final qualification work consists of an introduction, three chapters, six paragraphs, a conclusion and a bibliographic list. In Chapter I the author considers the general characterization of mediation, the historical aspect of the development of mediation as an alternative way of resolving disputes and the position of mediation as a legal institution in modern society. Chapter II defines the place of mediation in the structure of alternative dispute resolution methods in the Russian Federation and examines the norms of the Federal Law "On an Alternative Procedure for Settlement of Disputes with the Participation of an Intermediary (Mediation Procedure)." Chapter III is devoted to the study of the practice of using mediation in Russia to resolve civil disputes and considering the prospect of using mediation as an alternative way of settling disputes. The research conducted allows to make an unambiguous conclusion that mediation becomes an independent phenomenon of the Russian legal reality. The consistent development of specific and integrated mediation requires appropriate legal support and regulation. Federal Law "On Alternative Dispute Resolution Procedure with the Participation of the Mediator (Mediation Procedure)" laid the foundation for the development of the conciliation procedure in Russia. Some changes have been made to procedural codes and other laws. Further comprehensive legislative work should meet the goal of creating legal conditions for the development of mediation in Russia as an effective, rather than a declarative mechanism for preventing and resolving legal disputes.

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