Application of procedure of mediation for settlement of the disagreements arising from family legal relationship: experience and ways of development
Автор: Purge Anna Rolandovna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (23), 2016 года.
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Purpose: Research of formation and development of institute of mediation in different regions of the Russian Federation as method of providing a guarantee of the rights of the citizens to judicial protection in reasonable time for the purpose of identification of a tendency of application in the Russian Federation of alternative procedure of dispute settlement arising from family legal relationship with participation as the intermediary of the impartial person (mediator). Methodology: Formally-legal method was used. Results: In article the characteristic of mediation by the purpose of which is given creation of legal conditions for application in the Russian Federation of alternative procedure of settlement of disputes with participation as the intermediary of the independent person (mediator), and also assistance to development of partner business relations and to formation of ethics of a business conduct, harmonization of the social relations is. The author has submitted the analysis of formation of mediation in different regions of the Russian Federation. The conclusion is drawn that family mediation as peaceful procedure of settlement of the conflict plays an important role in protection of the rights of the child. Family legal relationship in which mediation procedure application is impossible are considered. Materials of legal practice on the studied subject are analysed. The author has revealed and presented problem aspects of application of procedure of mediation, and also the offer on development of application of institute of mediation in family legal relationship in the Russian Federation. Novelty/originality/value: Article has the high scientific value as is one of the few attempts to consider application of procedure of mediation for dispute settlement, arising from family legal relationship in the Russian Federation in general and in territorial subjects of the Russian Federation in particular.
Короткий адрес: https://sciup.org/14042368
IDR: 14042368