Specific features of the use of mediation in the disputes arising from civil law relations
Currently the sphere of application of mediation in private relations is virtually unlimited by the specialized legislation. Nevertheless, based upon the analysis of Russian and foreign law, judicial practice the author establishes the sphere of civil law relations, where mediation may not be used for dispute resolution. Specificities of application of the mediation to the civil law relations have to do also with the subjects of the relations, the period of limitation of actions, grounds for the termination of the obligations, types of relations. The author provides the comparison between the procedures for medication and complaint procedure for dispute resolution, mediation agreement and agreement for amending the contract, mediation and representation in civil law. In the course of her studies the author pays attention to the gaps and lack of clarity in the norms of the Federal Law of the Russian Federation of July 27, 2010 «On the Alternative Procedure for the Settlement of Disputes with the Participation of a Mediator (Mediation Procedure)» and the need for its amendment.