Open AccessMediation Innovations in the Context of the Judicial Policy of Modern Russia
Author(s) -
Егор Трезубов,
Ekaterina Isakova
Publication year - 2020
Publication title -
vestnik kemerovskogo gosudarstvennogo universiteta. seriâ: gumanitarnye i obŝestvennye nauki
Language(s) - English
Resource type - Journals
eISSN - 2541-9145
pISSN - 2542-1840
DOI - 10.21603/2542-1840-2020-4-1-88-94
Subject(s) - mediation , political science , settlement (finance) , context (archaeology) , persuasion , law , judicial activism , judicial independence , supreme court , judicial review , business , psychology , social psychology , finance , paleontology , payment , biology
The article deals with mediation, or reconciliation of the parties, as a new procedure in the Russian civil judicial practice. The main advantage of judicial reconciliation is in the status of a mediator. As a rule, the mediator is a retired experienced judge who explains the law and the relevant judicial practice to the participants. However, mediation does not reduce the judicial load; it neither curtails the time of the trial nor saves the budget costs. Mediation, as well as other alternative methods of dispute settlement, can be actively applied only in a legally and economically developed society. Therefore, Russian judicial reconciliation has a long way to go. At the moment, the lack of real financial support from the government is an insurmountable obstacle for mediation. Moreover, the number of mediators differs from region to region. Therefore, the new practice needs combined efforts of the entire judicial system, from local courts to the Supreme Court of the Russian Federation. Mediation is effective only if it means persuasion of the parties to reconciliation and proper governmental financing.