Problems and Development Trends of Mediation as Alternative Way of the Resolution of Conflcts in Modern Russia
Ю. С. Рязанцева
Abstract
Ю. С. Рязанцева
Abstract
The article analyzes the current trends of development of mediation in Russia, as well as stand out actual problems of development of this method of conflct resolution based on the author’s sociological research. Over the past few years, mediation has established itself as an effective method of resolving disputes with the assistance of one or more specially trained mediators. The value of mediation has been recognized in many areas, especially in family matters. The article analyzes the Federal Law «On Alternative dispute resolution process involving a mediator (mediation)», highlights the advantages of this legal instrument, also represents those aspects of the legislation that hamper the development of mediation in contemporary Russian society. Author, based on our research highlights the problems of development of mediation in Russia: the low popularity of mediation, optional at the present stage of the procedure of mediation in the event of a dispute, the lack of a unifid theoretical framework of mediation in Russia, the imperfection of the existing legislation, unprofessional mediators, the lack of practical outreach about the benefis and effectiveness of mediation. This paper proposes a set of measures to increase the popularity of mediation, as well as ways of improving the federal legislation on mediation. Analysis of the reasons for the low popularity of mediation method shows that there are two groups: general cultural and practical signifiance.
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The article analyzes the current trends of development of mediation in Russia, as well as stand out actual problems of development of this method of conflct resolution based on the author’s sociological research. Over the past few years, mediation has established itself as an effective method of resolving disputes with the assistance of one or more specially trained mediators. The value of mediation has been recognized in many areas, especially in family matters. The article analyzes the Federal Law «On Alternative dispute resolution process involving a mediator (mediation)», highlights the advantages of this legal instrument, also represents those aspects of the legislation that hamper the development of mediation in contemporary Russian society. Author, based on our research highlights the problems of development of mediation in Russia: the low popularity of mediation, optional at the present stage of the procedure of mediation in the event of a dispute, the lack of a unifid theoretical framework of mediation in Russia, the imperfection of the existing legislation, unprofessional mediators, the lack of practical outreach about the benefis and effectiveness of mediation. This paper proposes a set of measures to increase the popularity of mediation, as well as ways of improving the federal legislation on mediation. Analysis of the reasons for the low popularity of mediation method shows that there are two groups: general cultural and practical signifiance.
Key concepts: Mediation, Popularity, Legislation, Alternative dispute resolution, Political science, Party-directed mediation, Lawyer supported mediation, Conciliation