Mediation as a Form of Extrajudicial Dispute Settlement

Abstract

For the Russian Federation insufficiently high level of legal culture and rather high degree of conflictness remains as the traditional phenomenon. Mediation is one of effective technologies directed to permission of a contradiction between the arguing parties by means of the third, neutral party which is not interested in this conflict. In the course of its formation, mediation as an independent institute came a very long way. In the different countries this stage-by-stage process developed and develops differently. It attracts scientific interest owing to relevance of the studied subject and the increased interest in the procedure, both from the public, and from scientific community. Along with it, a great number of citizens consider institute of mediation as the object which is not deserving their trust. It seems to much that the judgment is more powerful act, than definition about determination of proceedings. In presented article, the concept and signs of mediation, features of legal regulation and an order of carrying out is considered by the author. Also the author establishes the leading factors and the reasons of insufficient development of mediation in Russia and proposes measures for its promoting.