The mediation as a conciliation procedure in civil law legislation

Abstract

The relevance of the topic is explained by the current conditions of development of the rule of law in terms of establishing the traditional form of judicial protection of human and civil rights in conflict resolution. This fact was a consequence of the positive dynamics and growth of citizens’ appeals to the court: according to the information provided by the Legal Information Agency, at the end of 2020, a total of 20,773,356 cases were considered in civil proceedings, the share of satisfied of which amounted to 98%. These indicators for the same period of 2019 have undergone a change: the number of cases considered in total for the country increased by 9.5% (18,804,923 cases), the share of satisfied 97%.

Many legal researchers note the overload of the domestic judicial system, due to the fact that the number of fi led lawsuits in courts of general jurisdiction and arbitration courts is so high, the judicial apparatus cannot cope. With the aim of normalizing the activity of courts, the legislator in the Federal Law of 27.07.2010 No. 193-FZ “On alternative dispute resolution procedure with the participation of a mediator (mediation procedure)” enshrined the institute of mediation, which is able to resolve conflicts out of court.