Seleznev V.A. Particularities of the Mediation Institute in the Law of the Near Abroad States

Abstract: The article considers some problems connected with the mediation application as the most requested way of alternative dispute resolutions, as well as the mediation law regulation particularities in the near abroad states – the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova. The problem questions of definition and application of the national law new institution – mediation is corresponding of it’s standards to native’s mental imaginations, negotiating culture definition, public trust to private mediators and court system prestige. Analysis of problems and mediation institute application perspectives related with determination of correlation between mediation and judicial remedy. Improvement of legislative acts about dispute resolution alternative methods, particularly mediation, should be performed in accordance with public necessity of this dispute resolution method. The tendency to dispute resolution in a judicial proceeding stipulates the advisability of providing a legislative framework for this kind of conciliation procedures such as court reconciliation that will assist to increase the reliance of the conflict parts to the dispute resolution procedure, social relationships harmonization.

Keywords: