Institute of Mediation: current state and development prospects.

Abstract

This article analyzes the current state of the institution of mediation as an alternative method of resolving disputes and possible ways of its development. The most important problems of mediation that exist at the current stage of its development in the Russian Federation are studied. Among such problems, the author highlighted the insufficient level of professional education of mediators and the process of execution of the mediation agreement. Attention was also drawn to the lack of awareness among civil society participants of the nature and essence of the mediation procedure. The author conducted a study of an array of statistical data on the use of mediation procedures for the previous period 2014–2022. Based on these statistics, as well as gaps in legislation, the main conclusions of this work were drawn, aimed at the evolutionary development of the covered institution. The author’s main conclusions based on the results of the research are: the need to legislatively establish in the Law on Mediation the required level of additional education for professional mediators and, possibly, the type of document that confirms this education; legislate the principle of competence in the professional activity of a mediator (by analogy with the communities of lawyers and notaries); the need for further regulation of rules to guarantee the execution of a mediation agreement by contacting a notary; the introduction of the above innovations will resolve another problem – it will increase awareness of the essence of mediation and its significance in the eyes of potential participants in the procedure, and increase confidence in the mediator as a professional conciliator. The author also put forward a proposal to introduce a mediation procedure in disputes about the protection of consumer rights (within the framework of online trading on marketplaces), which will reduce the burden on the judicial system.