The problem of the effectiveness of mediation in resolving disputes: subjective and objective components

Author(s):  G.V. Stankevich, Dr., Prof., Nevinnomyssk state humanitarian-technical Institute, Nevinnomyssk, Russia,

A.М. Soloviev, candidate of Sciences, Nevinnomyssk state humanitarian-technical Institute , Nevinnomyssk, Russia

Issue:  Volume 43, № 2

Rubric:  Actual Problems of Legal Regulation

Annotation:  The mediation Institute is actively introducing into the Russian legal system. At the same time, despite such popularity, mediation is a complex procedure, the effectiveness of which is due to a variety of sub-jective and objective factors. The subjective factors include professionalism and personal qualities of the mediator, the specifics of the conflict and the characteristics of the opposing sides. The objective factors include the quality of legislation and the attitude of the disputing parties to the procedure itself. The pre-sented factors have a direct impact on the effectiveness of mediation in the resolution of civil disputes. The article analyzes some aspects of the introduction of mediation in the mechanism of consideration and resolution of disputes, including in the field of foreign economic activity. The authors identify subjective and objective factors that, in their opinion, make it difficult to spread the mediation procedure and propose a direction for increasing the effectiveness of mediation.

Keywords:  mediation, mediator, mediation agreement, civil disputes, arbitration process.

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