Reference:
Zenkevich, A.S..
Mediation in Poland and in Russia
// LEX RUSSICA (Russian Law). – 2014. – ¹ 4.
– P. 469-476.
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Abstract: The article is devoted to the comparison of legal norms regulating mediation in civil cases in Poland
and in Russia. Analysis is focused upon the most significant legal acts. The main goal of comparison is to
discuss significant differences between Polish and Russian legal norms on the following issues: goals of the
mediation, definition of mediation and mediator, the range of cases involving mediators, principles of mediation,
preferable mediation strategy, conditions for acquiring mediator status, types of mediators, divisions
competent to initiate mediation, choice of mediator and contents of a mediator contract, mediation offer,
mediation agreement, mediation period, conditions of payment for the mediation, compensation of judicial
costs, approval and implementation of the contract on conflict regulation via mediation. The article presents
the view of the author regarding approval and implementation of the contract on conflict regulation via
mediation. It is concluded that use of mediation broadens the scope of freedom of citizens and eases access
to justice e. Also this practice improves efficiency of social communication and cultural dialogue. The popular
use of mediation and other forms of alternative dispute resolution complements and eases the workload of
the public justice system. Additionally, mediation implements democratic provisions on the existence of various
legal norms for conflict resolution and freedom of people in their choice of means of dispute resolution
based upon the principle of social individualized justice. In addition to the new legal norms on civil medication
in Poland and in Russia the author analyzes the issues of freedom of citizens, justice, implementation
of justice, vision of law, state and society, social communication, social conflicts, resolution of such conflicts,
application of law, efficiency and boundaries of law The author regards mediation as justice in its first degree.
From his standpoint, mediation is a complementary form of justice. It guarantees broad interpretation
of justice. In his concept “serving justice or resolution of legal disputes” is not limited to judges and courts.
All forms of justice (courts and other basic forms of alternative dispute resolution) complement each other
and assist each other in various spheres of their application.
Keywords: mediation and mediator, alternative methods of dispute resolution, access to justice, complementary form of justice, individualized justice, social communication, interpersonal relations, social relations, cultural dialog, peaceful cooperation.
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