Mediation

[Адвокат Киев]

Britain: Mediation during divorces reduced the costs of the parties to lawyers by 5 times
The introduction of a law in Britain, when divorced couples are required to resolve disputes using mediation, has led to the fact that the costs of the parties decreased by 5 times. Already 49% of former spouses use the services of mediators, not lawyers, but the British authorities are continuing a campaign designed to populate ... to raze reform.

In April 2011, a law came into force in the United Kingdom, according to which each British couple about to get divorced is first invited to resolve disputes using the mediation procedure, while parties who still want to resolve disputes in court must motivate their decision . The case is immediately referred to the court only if it comes to circumstances such as domestic violence or the need to protect the child. At the same time, the authorities increased funding for this area by 2/3 - now every year, not just ten, but 25 million pounds are allocated for mediation.

 

[Евгений СБ]

Thank. A piece of bread was taken from the lawyers.

 

[Игорь Эдуардович]

Thanks for the interesting information!

 

[Детективное агентство ИКС-Инфо.]

Attorneys fiery greetings:!::!::!:
Glad to communicate with you ... even if virtual ...
If "published", then everything is normal
Good luck, buddy:!::!::!:

 

[Detektyvai Kaune]

Yes.
uze v Litve toze samoje naschinajetsa.neveziot ze advokatam ))

 

[Частный детектив. Панда. Краснодар.]

Thank. Mediation in Russia begins to "rise".

 

[Симферополь]

But better still, if possible, to save the family, and not quickly and literally run away! After all, then this fatherlessness with all the consequences ...

What is mediation?

Mediation, in law, is one of the alternative dispute resolution (ADR) technologies with the participation of a third neutral, impartial, uninterested party in this conflict - the mediator, which helps the parties to work out a certain agreement on the dispute, while the parties are in full control decision-making process for the settlement of the dispute and the conditions for its resolution.

It has certain conditions and rules of conduct, the sequence of actions, phases, and is also based on the following principles:
voluntariness
confidentiality,
mutual respect
equal rights of the parties
neutrality and impartiality of the mediator,
transparency of the procedure.

The use of mediators to resolve disputes has been noted since ancient times, historians have noted similar cases in the trade of the Phoenicians and Babylon. In ancient Greece, there was a practice of using intermediaries (proxenetas), Roman law, starting with the code of Justinian (530-533 AD), recognized mediation. The Romans used various terms to refer to the concept of “mediator” - internuncius, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally, mediator.

Mediation in its modern sense began to develop in the second half of the 20th century, primarily in the countries of Anglo-Saxon law - the USA, Australia, Great Britain, after which it began to spread in Europe. The first attempts to use mediation, as a rule, concerned the resolution of disputes in the sphere of family relations. Subsequently, mediation gained recognition in resolving a wide range of conflicts and disputes, ranging from conflicts in local communities and ending with complex multilateral conflicts in the commercial and public sphere.

“Conciliation procedure” is an “umbrella” term that encompasses all types of mediation and assistance in the alternative settlement of disputes (conflicts), which usually include negotiations, mediation, the Collaborative law and the Arbitration court.

The significant difference between mediation and other types of mediation is that the mediators have expert knowledge in the field that is the subject of a dispute (conflict). In some types of disputes, the mediator is required to provide legal information. This helps the parties to conclude any agreement in accordance with the regulatory framework governing the subject of the dispute, so the conciliation procedure may include an advisory aspect.

In the mediation procedure, the mediator-mediator does not have advisory functions. Instead, the mediator seeks to help the parties develop a common understanding of the conflict and act towards resolving the dispute.

There are several different styles (approaches) of mediation: evaluative, stimulating and transformative. Evaluation style involves evaluating the strengths and weaknesses of each of the parties when applying to the court, while stimulating and transformative approaches do not imply this.

Online mediation

Internet mediation is a form of mediation. The use of Internet technologies expands the possibilities of mediators in disputes between individuals and organizations that are remote from each other or due to other reasons (for example, disability) cannot directly participate in mediation procedures, as well as in situations where the significance of the dispute does not justify the cost of personal the presence of a mediator. Online mediation can also be useful as a preliminary phase of the main mediation process - for example, in situations where the time factor plays an important role, to begin preparing the parties and conducting a brainstorming procedure.

Mediator and facilitator
A mediator (mediator) is a person or a group of people who, being a third neutral, independent party not interested in this conflict, help the conflicting resolve the existing dispute. In some schools of mediation, the mediator can play a more active role, while in others the role of the mediator is reduced mainly to facilitation (assistance).
The facilitator is responsible for organizing negotiations (monitors compliance with the regulations and the structure of the process), assists the parties in their conduct.

Mediation in Russia

At the beginning of the 19th century, a system of commercial courts was created and effectively operated in the Russian Empire, which in the strict procedural sense were not. This is due to the fact that at least half of the judges were elected from representatives of the merchants at least the 1st or 2nd guild. And the process itself in a commercial court took place in the form of conciliation proceedings and the norms of customary law were mainly applied. In the reports of commercial courts of the Russian Empire in the mid-19th century, the term “mediator” was used and the usefulness of resolving trade disputes involving the mediator was indicated. After 1917, the practice of using mediators was eliminated for political and ideological reasons, and the first attempts to restore it began only in the 1990s, but for 20 years they had no legal basis.

Currently, the use of mediation in arbitration and civil courts in Russia is regulated by Federal Law No. 193-ФЗ “On an Alternative Dispute Resolution Procedure with the Participation of a Mediator (Mediation Procedure)”, which entered into force on January 1, 2011.

This law establishes an out-of-court procedure for the settlement of civil disputes with the participation of neutral persons (mediators) as an alternative to judicial or administrative proceedings. The scope is defined - the settlement of civil, family and labor disputes. Moreover, the mediation procedure cannot be applied in civil, labor, family relations, if the results of the dispute settlement may affect the interests of third parties not participating in the mediation procedure, or public interests (for example, in insolvency (bankruptcy) cases.

The requirements for an agreement on a mediation procedure are being established. The agreement is made in writing and must contain information: about the parties, the subject of the dispute, the mediator (mediators) or the organization that provides services for the mediation procedure, the procedure for the mediation procedure, the conditions for the parties to participate in the payment of costs associated with the mediation procedure, the term the mediation procedure (it should not exceed 180 days). In this case, the mediator and the parties should take all possible measures to ensure that the specified procedure was completed in a period of not more than 60 days.

The mediator is appointed by mutual agreement of the parties, and mediation procedure services can be provided both on a paid and on a free basis. The law also prescribes mediation procedures - out-of-court, pre-trial and judicial, providing for the conduct of the mediation procedure at any stage of the trial. The requirements are set for mediators, whose activities can be carried out both on a professional basis (persons who have reached the age of 25 years, have higher professional education and underwent a training course in the training program for mediators, approved in the manner determined by the Government of the Russian Federation), and on an unprofessional basis (persons who have reached the age of 18 years, having full legal capacity and having no criminal record), as well as features of the legal status of self-regulatory organizations of mediators and their main functions.

In addition to this area of application of mediation, there is a completely different area of activity, which is the creation of school reconciliation services, of which the school students themselves become members. They learn the skill of mediation and form an independent form of school self-government. Due to this, in schools where such services operate, the degree of responsibility and communicative competence among students is increased.

Source: Wikipedia.

 

[Детективное агентство Тула]

Thank you, curious information.

 

[Частный детектив Оренбург]

The Romans used various terms to refer to the concept of “mediator” - internuncius, medium, intercessor, philantropus, interpolator, conciliator, interlocutor, interpres, and finally, mediator.

I especially like the philanthropus! They are great inventors of these ancient Roman jurists. Thank you Andrey!

 

[Орлан]

Thanks for the material, interesting.