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DOI: 10.15507/VMU.024.201404.034
MEDIATOR IN ARRANGEMENT OF JURIDICAL CONFLICTS: FROM INITIAL ORIGINS TO FUNCTIONAL ANALYSIS
O. V. Kuptsova, N. V. Zdorovinina.
Kuptsova Ol’ga Vladimirovna, Associate professor of Legal Disciplines chair of Law faculty, Ogarev Mordovia State University (Russia, Saransk, 68 Bolshevistskaya Str.), Candidate of Sciences (PhD) degree holder in Law, This email address is being protected from spambots. You need JavaScript enabled to view it.
Zdorovinina Natal’ja Vladimirovna, student of Law faculty, Ogarev Mordovia State University (Russia, Saransk, 68 Bolshevistskaya Str.), This email address is being protected from spambots. You need JavaScript enabled to view it.
The theme of the present article covers the theoretical issues of legal conflicts, alternative dispute resolution, the legal position of a mediator and its role in conflict resolution, as well as legal issues in the implementation of Russian mediation procedure. The investigation is concerned with mediator possibilities in providing of qualified legal assistance. Theoretical concepts of the nature of ways of alternative dispute resolution, mediation procedures, the role of mediator in providing of qualified legal assistance principals are a subject of research. In addition, the study also regards the norms of national and international law regulating issues related to the preparation of qualified specialists in the field of mediation and the mediator in resolving of legal conflicts.The article analyzes the principles of the main activities of the mediator in their legislative and doctrinal terms, emphasizes ambiguous approaches in determining its system in Russian and European legislation and in scientific literature, characterized in detail the principles of voluntarism, privacy, independence and impartiality of a mediator, his professionalism. Practicability of allocating of responsibility principle in mediation with understanding of it in positive and negative aspects are noted. Principles of mediation serve the initial beginnings of mediator status, including its functional expression. Mediator characteristic functions are given in the article basing on the analysis of conflictological literature since by legal means they did not receive distinct formalization. The article highlights the organizational, analytical, control functions, the functions of active listening, generate ideas, expand resources, preservation of the psychological climate of learning. The possibility of separation of motivating (stimulating) mediator function is mentioned. The authors attempted by means of analysis specifying position mediator in the process of settlement of legal conflicts.
Keywords: mediation, mediator, principles of mediation, mediator functions, negotiations.
This work is licensed under a Creative Commons Attribution 4.0 License.
