Judicial Mediation: A Comparative Analysis of the Regulation of Mediators’ Participation in Court Proceedings (in Russian)

Mediation is a modern dispute resolution mechanism based on identifying a solution acceptable to the participants through the development of dialogue between them with the involvement of a neutral intermediary. As international experience demonstrates, mediation becomes more effective when it ceases to be merely declaratory and is organically integrated into judicial practice. Effective mediation is a practical tool that helps reduce the burden on courts, saves time and costs and, most importantly, in most cases preserves relations between the parties by eliminating the source of confrontation and tension.

This research paper analyses international experience in regulating the participation of mediators in court proceedings. Based on an examination of practices in Germany, France, Italy, Singapore, the United States (Florida), England and Wales, Brazil, Kyrgyzstan, and Kazakhstan, the research identifies key common principles — voluntariness, confidentiality and neutrality — as well as effective elements of mediation systems. These include detailed qualification and ethical standards, specialised training and a requirement of a high level of professionalism among mediators, procedural incentives, including economic incentives, for the parties, sanctions for unjustified refusal to engage in mediation, measures to raise parties’ awareness of the mediation procedure, and simplified mechanisms for the enforcement of mediated settlement agreements.

With a view to supporting the implementation of the action plan for achieving the key performance indicators of the national model of target business conditions until 2030 in the area of dispute resolution, the research proposes specific recommendations for improving Russian legislation. These include introducing uniform standards for mediators’ activities, establishing procedural incentives and sanctions for unjustified refusal to engage in mediation, integrating mediation with the judicial system, and simplifying the enforcement of mediated settlement agreements.

https://doi.org/10.65556/UJHQ3152