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The Evolution of the Mediation Institution in the Russian Federation: Trends and Development Prospects

ФИО студента: Anastasiia Prokopova

Руководитель: Lev Bardin

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2020

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 extensive reform of procedural legislation in terms of conciliation procedures has contributed to a new round of discussions about the prospects for the spread of mediation in Russia and the future of alternative dispute resolution (ADR). The research has been organized in the following way. The first chapter is devoted to general theoretical issues allowing to determine the place of mediation in the system of ADR and in conciliation procedures. The second chapter reveals the problems of implementing mediation in the Russian Federation and offers solutions. Finally, the third chapter examines the novel of procedural legislation – judicial reconciliation and its impact on the further development of the associated model of judicial mediation. In addition, this chapter includes a study of the development of mediation in the near future and assumptions about the evolution of mediation in Russia. The aim of this research is to identify trends and prospects for the development of mediation in the Russian Federation. Such goal causes the following objectives: the analysis of mediation in the system of ADR; the identification of features of mediation as a conciliation procedure from other conciliation procedures; the study of the historical development of institutions of proto-mediation and mediation in the Russian Federation; identification and classification of problems of mediation implementation in the Russian Federation, analysis of ways to solve them; analysis of the Institute of judicial reconciliation and the further development of a private model of judicial mediation; study of the problem of mandatory mediation, the notarial form of a mediation agreement; study of trends in the development of mediation procedures in the Russian Federation. Taken together, these results suggest that a significant emphasis on mediation and hopes were not crowned with success due to the complex nature of mediation development problems, which is why the legislator actively develops other conciliation procedures. The appearance of a notarized form of mediation agreement should be viewed favorably. It is necessary to study the experience of foreign countries in order to resolve the "paradox of mediation". It was concluded that the natural process of mediation development is to increase the requirements for the mediator. To implement this principle, it seems justified to fix in the legislation the obligation of each mediator to be a member of the self regulating organization of mediators for the application of disciplinary measures, as well as the need to develop common rules of ethical behaviour of the mediator. In the case of active development of integrated mediation, it is important to increase the role of the lawyer community, since the advantages of the participation of a lawyer-mediator provide a qualified mediation procedure. It is possible to separate the implementation of advocacy and mediation activities, and therefore determine different grounds for bringing to justice. Finally, the analysis of mediation in transnational family disputes shows the prospects for mediation and further development of this institution implementation.

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