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Nikolaychenko O.V. The Impact of Mediation on the Procedural Conduct of the Court

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.21

Olga V. Nikolaychenko, Candidate of Juridical Science, Associate Professor, Department of Civil Procedure, Saratov State Academy of Law, Volskaya St., 1, 410056 Saratov, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: this article deals with the advantages of mediation and its impact on civil proceedings. Studying the norms of the Russian legislation, the author sets the purpose to establish the sufficiency of the legal mechanisms of influence on the behavior of disputing parties for achieving a compromise by means of the conclusion of the mediation agreement. The general scientific research methods used are the methods of analysis, synthesis, and comparative law; there are also used the specific scientific methods: formal and legal, technical and legal. Results: the conclusion of the mediation agreement in terms of its procedural and legal consequences in civil proceedings is of particular importance if the parties came to it after referring the dispute to the court. Conclusions: the court,  carrying out the procedural duties in a civil case, should become the main initiator of reconciliation of the parties. This can be achieved by conducting explanatory conversations, convincing the parties of its attractiveness for the subsequent implementation of the agreement.

Key words: mediation, conciliation, mediation agreement, settlement agreement, termination of proceedings, court, civil proceedings, court duties.

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