MEDIATION IN RUSSIA: PROBLEMS AND PROSPECTS
The article deals with problematic issues of legal regulation of development of mediation Institute in Russia as a mechanism of pre-judicial settlement of disputes and forms of mediation. The authors note the need for the development of conciliation procedures in order to improve existing mechanisms for resolving disputes and protect the violated rights and legitimate interests of various entities. The article focuses on the obvious advantages of the state in the implementation of mediation: the possibility to decongest the courts, the parties to the dispute have the opportunity to address and correct the contradictions that led to conflict relations, as well as acceptable to all parties solution. The authors note several factors that hinder the implementation of mediation in the Russian legal reality of Russia. Special attention is paid to the question of the legal status of the mediator, the ability of the mediator to get acquainted with the case materials and the consequent question of defining its place in the structure of subjects of civil procedural relations. The authors come to the conclusion that it seems appropriate to develop a set of measures that will enhance the effectiveness of the implementation of the basic elements of mediation in the modern Russian law. You need a clear consolidation began mandatory conciliation procedures with the participation of a mediator in order to assure uniform interpretation and understanding of the enforcers of the nature and significance of the mediation procedure.