Legal regulation of mediation procedure in economic activity: procedure and conditions of implementation

Автор: Lepeshkina Valentina Sergeevna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 3 (62), 2023 года.

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The purpose of the study is a legal analysis of some basic legal issues regarding the conduct of mediation, implemented on the basis of the principles of voluntariness and accessibility. The author comes to the conclusion that even taking into account the low demand for the use of mediation procedures by business entities, this procedure continues to slowly but steadily enter into the usual practice of dispute resolution in the field of entrepreneurship. This is confirmed by the large number of court proceedings terminated at various stages of the arbitration process in connection with the conclusion of a mediation agreement by the parties. It is possible to state a certain development of the institution of mediation that has occurred over the years of the legal existence of mediation for the resolution of business disputes in modern Russia. However, with the obvious state support of reconciliation institutions in practice, mediation continues to be used extremely limited due to a number of unresolved problematic issues, conditionally subdivided into issues of a normative, organizational, economic and psychological nature.

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Mediation, economic activity, judicial reconciliation, business dispute, reconciliation procedure, notary, mediator, mediation agreement

Короткий адрес: https://sciup.org/140298615

IDR: 140298615   |   DOI: 10.52068/2304-9839_2023_62_3_66

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