The effectiveness of mediation as an alternative method of resolving legal conflicts

South Federal University

Today in Russia the tendency to resolve conflicts out of courts and by means of alternative ways of dispute settlements is becoming more popular. New market relationships, modern state approach to improve court system cause the necessity to use more flexible, available and operational ways of resolving the conflicts that arise in social life and human relationships. This article is devoted to mediation as an effective way of pre-judicial resolution of conflicts and as very important institute of law capable to change the Russian judicial system and to enrich our legal culture.

The relevance of mediation is increasing in Russia because the result of mediative process is always fair for all parties. Now people all over the world are increasingly having recourse to the help of mediators to resolve various disputes, and the statistics shows that in 80% of cases the mediator resolves dispute successfully, and execution of the decision regarding certain dispute is twofold higher than in a court.

The purpose of the article is: a research of efficiency of mediation as the external, independent, but closely connected with judicial system, mechanism capable to impact on the improvement of quality of administration of justice.

The most perspective form of permission of the legal conflicts extrajudicially, in my opinion, is mediation. For the first time at settlement of various disputes began to resort to the help of a mediator in the USA. Having well proved, the institute of mediation has gained also distribution in the countries of continental Europe, in

Canada, Australia, Great Britain and other states. Mediation is an accurately structured and consecutive method of mediation in permission of a disputable situation where the third party - mediator keeps neutrality.

Mediation has the advantages, namely: mediation is characterized by introduction in production of business of all members of the conflict, their independent interest, an opportunity to undertake decisions. But they need to support the favorable atmosphere for cooperation and warm climate in conversation. The mediator only directs, promotes the choice of the correct solution. For many years of practice mediation has proved as an effective remedy of permission of various human disputes. Her it is important to consider advantages through a prism of attentiveness, common sense, being guided by more detailed information and reflecting each aspect.

In — the first, it is worth specifying ability of development of the most true, the acceptable, alternative option of end of conflict events. During trial of dispute the most accurate, exact, necessary, fair, reliable, objective information allowing to clear a situation quite wisely gathers, having made the qualitative decision. Her unique feature is that during finding of a result, all possible improbable methods specializing in common sense, but not in laws are accepted. It is surprising that as a result in advantageous situation there are all parties of the conflict though it and paradox. An important aspect is the satisfaction of each of the parties.

Let us start by considering the facts, in comparison with traditional legal proceedings mediation differs in positive features. The first thing that needs to be said is the mediation is available.The mediator can work irrespective of the sphere of a question, resolve any kind of counteraction, being based not on the legitimate interests, and on interests arguing, protecting their moral, moral, economic, political, family views, based on the principles of ethics, traditions and on personal experience of attendees.

Secondly, efficiency. Differs considerably in a short interval of busy time, depending on difficulty of a question. It is characterized by smaller costs of document flow commission. In this action all are interested in the fast expiration of business, accepting all possible forces and means for the termination.

Another good thing about is that mediation is Productive. Creation of the happy end, diligence of the intermediary to calm the parties, to satisfy their inquiries. Orientation to the mutually advantageous decision, achievement of a compromise that former conflicting the beginnings to reign in the relations harmony .What is more, the probability of free carrying out cooperation is considered huge plus, but also the payment for action isn't excluded. But the payment makes less financial expenses, money for payment of the state tax, tax, fee to the representative of the state, traveling, holiday and so on is so subtracted). Economy not only on money, but also on emotions as process happens in more comfortable situation and not under control of the government law enforcement agencies. Also, the process is controlled , for example, unlike court where all decisions, appointments only the judge, in this process takes out perhaps independent acceptance of carrying out, the choice of the manager. The parties independently come to the end of an event, they put the forces, but don't submit to the judge.

Doubtless, having flexible and dispositive character this way of alternative settlement of disputes allows to develop the way out of the arisen problem, it is lawful to strengthen the partner and friendly relations, to create many-sided culture of peaceful designing of conflict situations. It is proved that the agreements reached with mediation much more often are executable and feasible, than sentences of court. Reconciliation of the parties at an initial stage of the conflict promotes decrease in number of the affairs which are realized in court. According to some experts, the costs of legal support of a lawsuit is disproportionately higher than the fees of the mediator. . Finally, the anti-corruption potential. In mediation, there is no need and meaning to someone to convince of the correctness.

As we noted earlier, mediation may contribute not only to the effective resolution of disputes, but also to be an effective mechanism for reform of the judicial system. So, mediation is an effective way to reduce the number of cases before the courts. The ships have a positive effect on procedural time and the quality of consideration of cases in courts and will avoid the additional financial costs of the state in maintaining the judicial system.

To draw the conclusion, one can say that mediation is a conflict resolution process between two entities involving disinterested third parties. As an alternative, court procedure, mediation has several advantages, chief of which is that the resolution of the dispute achieved through the adoption by the parties of the decision on a voluntary and equal basis, equally satisfied with the interest of the parties.