The problems of mediation procedure in civil proceedings
Автор: Derbisheva Olga A.
Журнал: Legal Concept @legal-concept
Рубрика: Процессуальное право: вопросы теории и правоприменения
Статья в выпуске: 1 т.20, 2021 года.
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Introduction: the paper discusses the actual problems of the legislation of the mediation procedure, as well as the existing obstacles to the development of civil practice in the application and improvement of the alternative dispute resolution procedure. The purpose of the paper is to study the problems of the institution of the mediation procedure, to understand the concept of conciliation procedures for further improving and forming recommendations for the efficiencyof justice. In the process of consideration, the doctrinal problems, the formal-legal approach and the formal- legal, systematic methods were used. Results: the study of the legislation allows us to identify the provisions that need to be improved and changed for a more active and complete implementation of the mediation procedure in public relations. Conclusions: the author identifies the ways to resolve such difficulties at the pre-trial stage to optimize the judicial burden. The dispute resolution procedure with the participation ofa mediator is considered from the position of an effective alternative to judicial proceedings. It has a legislative consolidation, but there are a number of regulatory gaps that require solving a large number of tasks to improve them. It is necessaryto carry out theextensive work in order to integrate this procedure into the civil and arbitration process: to develop a strategy for the systematic development of the mediation institute, to inform the public, the business communityand practicing lawyers in order to introduce the procedure and develop the practice of application, and also, to solve the problem with the professional training of mediators and to encourage them to engage in this type of activity on a professional basis.
Mediation, mediator, dispute resolution, dispute, legislation
Короткий адрес: https://sciup.org/149130465
IDR: 149130465 | DOI: 10.15688/lc.jvolsu.2021.1.18