Mediation as a Method of Pre-trial Resolution of Disputes in Civil Proceedings of the Russian Federation

Nowadays it is clearly understood by lawyers, that the process of dispute resolution needs reformation. Workload of the Russian courts, resulting in the surface examining of the materials, along with the possibility of delaying the judicial process leads to incorrect dispute resolution. One of the ways to resolve the dispute without the above disadvantages, as well as to find a solution that is beneficial for both sides of the dispute is mediation. Today in Russia there is a number of mediators and meditative centers, but according to statistics, conciliation procedures involving mediators were rarely used. Such a grim statistic clearly indicates the need to make mediation mandatory. That is why, this paper is aimed at a study of the institution of mediation, the order of it functioning, status of the mediator, other forms of conciliation procedure, Russian legislation on mediation and existing Russian court practice. In the first part of the research is considered the historical formation of the institution, the experience of foreign countries. The second part of the paper is devoted to the characteristics of the institution of mediation in Russia and its legal regulation. It addresses issues relating to the status and powers of mediators, the basic principles and stages of the mediation procedure. The third part provides an analysis of the court practice, on the basis of which the issues of rights and obligations parties, problems of the institution are examined. On the basis of the research, the author came to the conclusion that mediation has a positive effect not only on the judicial system, but also on the economics. However, in Russia there are problems of widespread use of mediation, namely, distrust to the mediator, voluntary nature of the mediation procedure, lack of detailed elaborated competence of mediators, lack of a uniform policy for the development of mediation.