Mediation as alternative dispute resolution: Legal analysis, foreign practice, and perspectives in Russia

Abstract

Purposes: The article is devoted to the analysis of legal problems of mediation as an alternative way to resolve disputes. The article examines the Russian and foreign experience in the legal regulation of mediation. Methodology: The use and adaptation of foreign experience in applying the mediation procedure are aimed at increasing the speed of dispute resolution, the level of confidentiality and the ability to maintain partnerships. The authors suggest ways to improve the effectiveness and applicability of this procedure in practice. According to Sungatullina L.A., it seems efficient and promising to use alternative methods for resolving disputes in general and to apply the mediation procedure in particular. Izmailov R.R. He believes that the experience of using mediation techniques has shown its effectiveness in resolving various categories of disputes: labor, family, corporate, business conflicts, as well as in the field of housing relations. Mikhailov A.V. notes that the effectiveness of the mediation process largely depends on the implementation at all stages of the basic principles. Results: The authors conclude that it is advisable to apply mediation to disputes arising from administrative and other public relations. As one of the ways to improve the legislative regulation of mediation, it is proposed to consider the possibility of introducing a notarial certification of mediation agreements. Implications/Applications: Alternative dispute resolution is a set of procedures that facilitate non-judicial dispute resolution. In English practice, it is indicated by the steady turnover of Alternative dispute resolution (hereinafter-ADR). Different non-judicial forms of resolution of a case are referred to ADR in different countries. As a rule, three well-known forms are called: arbitration, mediation, and negotiations. Novelty/Originality: The novelty of this study in classifying the mediation techniques.