Mediation in private and public law

Abstract

The article aims to analyze certain participants in the mediation process and, therefore, increase its effectiveness. In this regard, the article considers the feasible participation of non-professional intermediaries in mediation. The authors of the article have concluded that their participation in civil legal relations through mediation is ineffective. To increase the effectiveness of mediation technologies, the authors have proposed to introduce the mandatory membership of mediators in self-regulatory organizations and prohibit the mediation provided by non-professional mediators. The authors have proved that mediation technologies should be used as a means of protecting law and order in society instead of a demonstrative punishment of some members. The authors highlight the importance of mediation in criminal justice with due regard to criminal repression. They highly evaluate the potential of mediation in resolving disputes regarding crime-caused indemnification. After analyzing the Russian and international legislation and theoretical works, the authors have concluded that there is a need for wider use of mediation to resolve both private and public conflicts. The authors have determined specific directions for applying mediation in the criminal process.