Stipulation of Mediation as Dispute Resolution Principle in the Legal Framework of the Russian Federation: Topical Problems and Development Prospects

Introduction. Within the existing legal framework of the Russian Federation, there arise numerous challenges with regard to regulation of mediation procedure, setting formal requirements to the details of amicable dispute settlement, and standardization and certification of mediation experts’ qualification level, which indicates the need to improve the legislative rules. Therefore, the aim of the article is to study the legislative gaps in legal regulation of mediation in the Russian Federation to overcome the inconsistencies between the theoretical provisions and practical results of mediation dispute resolution.
Materials and Methods. The research methodology included the analysis, structuring, and systematization of national and international legal principles stipulating relevant regulatory requirements to mediation procedure. The regulatory theory offers the tools for studying and developing the regulatory approaches to mediation; it reflects the ability of different levels of regulation to resolve the conflict between the freedom and normative-legal restraints. Implementation of a multi-level approach to regulation of mediation procedure combines formal and nonformal regulatory mechanisms that include the efficient methods of operational and reflective analysis.
Results. The following gaps in legal regulation of mediation procedure in the Russian Federation have been identified: vaguely formulated requirements to compiling an agreement on implementation of the procedure; a lack of normativelegal procedural guidelines for the implementation of mediation; insufficiently clear legislative requirements to the qualification of mediation experts; unreliable protection of data privacy, etc. The need to study successful foreign practices in this field has been substantiated; however, the first step to improve the legal policy in the field of mediation should be the adoption of amendments to the laws of the Russian Federation. The opportunity for the mediators’ associations or authorised organisations to determine conditions for self-regulation is considered a necessary prerequisite. The next step is the standardization and certification of mediators’ qualification, and assessment of their sector-specific training and professional experience. The final step is formation of the mediation culture and promotion of mediation dispute resolution among the population of the country.
Discussion and Conclusion. Under the rigid regulatory restraints, achievement of positive results in development of mediation in Russia is impossible. To be efficient, the regulatory processes must remain flexible and adaptable, have economic support, and enough freedom for mediators to self-regulate their activity

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