Mediation is a method of dispute resolution with the assistance of a neutral intermediary (mediator) on the basis of voluntary consent of the parties and with the purpose of reaching a mutually acceptable resolution by them.
The major advantage of the mediation procedure is that the parties may agree upon any lawful of the dispute settlement terms meeting their interests. The mediator manages the negotiation process and ensures its efficiency.
Mediation is a voluntary process of searching for a solution that will make both parties win (the Win-Win rule).
The decision reached by the parties themselves in the course of mediation frequently does not require enforcement as the parties are satisfied with such solution and are interested in its voluntary implementation.
Mediation in Russia is regulated by the Federal Law dated 27.07.2010 No. 193-FZ On Alternative Procedure of Dispute Resolution with Participation of a Mediator (Mediation Procedure). (click to download the law).
Basic principles of mediation
Mediation may take place only where the parties have clearly expressed their will. Each party may stop participating in the mediation procedure if and when it deems fit. The participation in mediation does not deprive a party of the right to use other lawful means of protection of its rights.
Responsibility of the parties
In the course of the mediation procedure the parties shall be fully responsible for achievement of a mutually beneficial decision which shall depend on their discretion.
Each party decides for itself whether or not particular conditions of the dispute resolution are acceptable for it, and is free to conclude or not conclude the agreement in accordance with the mediation results. The responsibility for the solution taken and implementation thereof shall also be borne by the parties themselves.
Equality and parity. Mutual respect and cooperation of the parties
Mediation is based on acknowledgment of equality and parity of the parties in the course of the procedure. Reaching the decision which is mutually acceptable for the parties is only possible in the event of their cooperation and mutual respect to each other and the other party’s opinion.
Neutrality and impartiality of the mediator
The mediator may not be a person who is directly or indirectly interested in a particular outcome of the dispute.
The mediation procedure and the fact of the parties’ applying thereto are confidential.