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Comparative Analisys of Mediation: Russian Federarion and Europe

ФИО студента: Anastasiia Prokopova

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2018

In recent years, there has been an enhancing interest in mediation and other types of alternative dispute resolution. As a legal institution, mediation has not become a social institution in the Russian Federation, which causes difficulties in the application of this institution in practice. The aim of this research is to explore the institution of mediation in the Russian Federation through the prism of the European countries experience. Mediation is a consensual form of alternative dispute resolution. Developing from ancient times, the emergence of mediation is a natural process due to modern development. It is necessary to distinguish mediation from other ways of resolving the conflict taking into account the interests of the parties. According to the most reasonable approach to the concept of mediation, it is a confidential voluntary conciliation procedure which differs from the others by the role of a third neutral person and the purpose to achieve a mutually acceptable solution by the parties taking into account their interests. Taken together, these results suggest that it is necessary to take into account the features of the continental legal system. In addition, there are organizational, economic, psychological and legal problems. In this regard, the mediation procedure has a chance of successful functioning in the case of active educational and scientific work, the court's ability to give time for reconciliation in mediable conflicts, as well as filling the gaps that prevent the development of the mediation procedure. Finally, some tendencies of development of mediation have been revealed. The necessity of fixing the competence principle for a professional mediator, uniform rules of ethics and the obligation of membership in a self-regulating organization of mediators is substantiated. The trend is also the specialization of mediators and an increase in the number of attorney-mediators who will play a significant role among professional mediators.

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