Mediation in Private and Public Law
Maria Alexandrovna Volkova1, Anna Leonidovna Shilovskaya2, Pavel Valerievich Zhesterov3, Mikhail Mikhailovich Turkin4
1Maria Alexandrovna Volkova*, Russian State Social University, Moscow, Russia.
2Anna Leonidovna Shilovskaya, Russian State Social University, Moscow, Russia.
3Pavel Valerievich Zhesterov, Russian State Social University, Moscow, Russia.
4Mikhail Mikhailovich Turkin, Russian State Social University, Moscow, Russia.
Manuscript received on September 10, 2019. | Revised Manuscript received on October 15, 2019. | Manuscript published on October 30, 2019. | PP: 3888-3892 | Volume-9 Issue-1, October 2019 | Retrieval Number: A1193109119/2019©BEIESP | DOI: 10.35940/ijeat.A1193.109119
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The article aims to analyze certain participants in the mediation process and, therefore, increase its effectiveness. In this regard, the article considers the feasible participation of non-professional intermediaries in mediation. The authors of the article have concluded that their participation in civil legal relations through mediation is ineffective. To increase the effectiveness of mediation technologies, the authors have proposed to introduce the mandatory membership of mediators in self-regulatory organizations and prohibit the mediation provided by non-professional mediators. The authors have proved that mediation technologies should be used as a means of protecting law and order in society instead of a demonstrative punishment of some members. The authors highlight the importance of mediation in criminal justice with due regard to criminal repression. They highly evaluate the potential of mediation in resolving disputes regarding crime-caused indemnification. After analyzing the Russian and international legislation and theoretical works, the authors have concluded that there is a need for wider use of mediation to resolve both private and public conflicts. The authors have determined specific directions for applying mediation in the criminal process.
Keywords: Mediation, Mediator, Non-professional mediator, Professional mediator, Self-regulatory organization of mediators, Mediation of legal relations, criminal repression, Criminal policy, Criminal infraction, Indemnification.