The Law on Mediation in Russia appeared in 2011. Since the adoption of the law, the professional community of mediators has been formed, self-regulating mediation organizations have been established. Mediation practice continues to develop.
ABOUT MEDIATION IN RUSSIA
The main document regulating the special aspects of mediation in Russia is the Law “On an Alternative Procedure for the Settlement of Disputes with the Participation of an Intermediary (Mediation Procedure).” Separate rules are contained in the procedural codes.
In addition, acts and requirements of self-regulating organizations, which include mediators, are applied.
Peculiarities of Russian Mediation
Russian mediation is based on the principles of facilitative mediation. Mediators can have the status of a professional or unprofessional mediator.
At this stage, mediation in Russia is voluntary. There are no cases of compulsory recourse to the mediator. The court also does not have the authority to set a compulsory mediation procedure for the parties.
The mediation agreement has the status of a transaction.
Sphere of Application
Mediation in Russia can be applicable to resolve disputes arising from civil legal relations, including in connection with the entrepreneurial and other economic activities, as well as in disputes arising from labor legal relationships and family legal relationships.
If the parties reach the agreement in the mediation process, their agreements will be included into the mediation agreement. This agreement is to be approved by the court as an amicable settlement , if the dispute was initially considered in court. In other cases, the mediation agreement is recognized as a transaction, and in the event of its non-enforcement, it can be enforced by applying by one of the parties to the court in general order.
Status of a Mediator
In Russia, a person over 25 years old who has a higher education and has completed a training course for mediators can become a professional mediator.
The mediator has the status of an independent and impartial person, and the mediator also has a witness immunity in relation to the information he or she received during the mediation process.