ON SOME THEORETICAL AND APPLIED ASPECTS OF THE MEDIATION PROCEDURE

Author(s): Golyshev V.G., Golysheva A.V., Slyusarenko T.V.

Rubric: Specific issues of law and law enforcement

DOI: 10.21777/2587-9472-2026-1-71-77

Release: 2026-1 (49)

Pages: 71-77

Keywords: mediation, alternative dispute settlement procedure, mediation agreement, voluntariness, confidentiality, coop- eration, equality of parties, mediator

Annotation: This article is devoted to certain aspects of the mediation procedure. In the course of the study, the authors note that despite the fifteen-year history of the Federal Law No. 193-FZ of July 27, 2010, “On Alternative Dispute Resolution Procedures with the Participation of a Mediator (Mediation Procedure),” this procedure is not a perfect tool for resolving disputes due to its specific features In particular, the uniqueness of mediation is largely determined by a set of legal principles for its conduct. These principles include voluntariness, confidentiality, cooperation and equality of the parties, as well as the impartiality and independence of the mediator. The ab- sence of competition between disputing parties places mediation in a special place within the legal system of dispute resolution. Meanwhile, mediation legislation needs to be developed and improved. In particular, there is a need to comprehen- sively address the quality assurance of services provided by mediators and issues related to the ability to handle confidential public-law disputes through the conduct of such a civil-law transaction as a mediatory agreement. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Golyshev V.G., Golysheva A.V., Slyusarenko T.V. ON SOME THEORETICAL AND APPLIED ASPECTS OF THE MEDIATION PROCEDURE // Journal of Legal Sciences. – 2026. – № 1 (49). – С. 71-77. doi: 10.21777/2587-9472-2026-1-71-77