The legal portal ‘Pravo.ru’ published a commentary by Nikita Rozhentsov, advocate, adviser of criminal law and general practice of the Alliance Legal Consulting Group.
Make peace, make peace, make peace and don't sue again: how mediation works in Russia.
With the help of mediation it is possible to quickly and effectively resolve a conflict without going to court. You can turn to a mediator for various categories of disputes - from civil and family disputes to labour, administrative, commercial and corporate disputes. As a result, the parties sign a mediation agreement, which, after notarisation, has the force of a writ of execution. In 14 years, the procedure has not gained popularity due to the cheapness of justice and reluctance to negotiate. Lawyers believe that the situation will soon change due to the increase in state fees and the forthcoming amendments of the Ministry of Justice.
There are many reasons for the unpopularity of mediation in arbitration proceedings, but first of all it is the unwillingness of entrepreneurs to negotiate and the desire to go to the end.
‘The main disadvantage and risk of the procedure lawyers call the incompetence of some mediators. In particular, Nikita Rozhentsov says that his colleagues have twice experienced mediation in courts of general jurisdiction. In the first case the parties were satisfied with the result and concluded a mediation agreement on mutually beneficial terms, while in the second case they were unpleasantly surprised by the quality of the document prepared by the mediator: it contained many legal errors and inaccuracies.
Some lawyers believe that after the increase in court fees, interest in mediation will increase, as parties will start looking for less expensive, but no less effective ways of dispute resolution. Other lawyers, on the contrary, are convinced that the increase in court fees does not indicate that the parties will prefer mediation to the courts.
‘Despite the increase in the cost of proceedings, Russian justice remains one of the most inexpensive and accessible in comparison with Western justice,’ states Nikita Rozhentsov.
You can read the full version of the article on the website of the legal portal ‘Pravo.ru’