Derbisheva O.A. The Problems of Mediation Procedure in Civil Proceedings

DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.18

Olga A. Derbisheva, Senior Lecturer, Department of Civil Law and Procedure, Donetsk Academy of Internal Affairs of the Ministry of Internal Affairs of the Donetsk People’s Republic, Prosp. Bogdana Khmelnitskogo, 84, 83000 Donetsk, Donetsk People’s Republic, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-8483-2263

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 efficiency of justice. In the process of consideration, the doctrinal problems, the formal-legal approach and the formallegal, 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 of a 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 necessary to carry out the extensive 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 community and 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.

Key words: mediation, mediator, dispute resolution, dispute, legislation.

Citation. Derbisheva O.A. The Problems of Mediation Procedure in Civil Proceedings. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 1, pp. 118-123. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.18

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