Mediation in Russia: Prospects and Alternatives

Abstract

In modern realities, there is a tendency to increase the judicial workload, which entails a number of certain negative consequences. In turn, attempts made by competent entities to consolidate and popularize the institution of mediation in Russia did not meet the expectations, unlike in foreign countries where the use of this tool is quite effective. In this regard, determining the prospects for the development of procedures for pre-trial interaction between the parties in the domestic legal order is of significant scientific interest. The purpose of the study is to identify the reasons that impede the effective functioning of the institution of mediation in Russia and to find possible ways to overcome problems, taking into account the experience of foreign countries. In a comparative aspect, a brief analysis of the legislative regulation of the pre-trial procedure used in the UK is provided. Some other legal mechanisms are proposed that will stimulate the development of an alternative dispute resolution system in Russia. It is concluded that a consistent legislative policy that considers the judicial procedure as an exclusive form of conflict resolution will lead to the creation of conditions that encourage citizens to use alternative mechanisms for resolving disputes.