TYPES AND KINDS OF MEDIATION
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 1
, 2024
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
Saint-Petersburg University of the MIA of Russia
Russian Federation
Russian Federation
2.
Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
21.02.2024
Accepted:
21.02.2024
Published:
05.04.2024
Language:
Russian
Keywords:
types of mediation, types of mediation, alternative dispute resolution, court, principles of mediation, civil procedure, narrative mediation, humanistic mediation, transformative mediation, incentive mediation, evaluation mediation
Abstract (English):
Introduction. The peculiarities of dispute resolution through mediation within individual countries may differ due to factors of not only legal, but also historical, cultural and social nature. Therefore, in the legal literature such criteria as the principles of the parties' participation in the mediation procedure, the limits of the mediator's intervention in the negotiation process, the range of dispute-related issues to be discussed by the parties are used to divide mediation into different types and kinds. Such division is of great theoretical and practical importance, as it facilitates a comprehensive study of the legal nature of mediation, its characteristic features, and its potential effectiveness for certain categories of disputes. Results. Two main types of mediation depending on the limits of mediator's intervention in the negotiation process are studied: stimulative and evaluative. The authors argue their point of view and draw conclusions by analysing the opinions of various foreign legal scholars, highlighting the positive and negative qualities of each type. The study separately demonstrates two kinds of mediation depending on the main purpose of the parties' participation in mediation: interest-based mediation and transformative mediation. Within the framework of the work, the authors point out the existence of such separate kinds of mediation as narrative mediation, highlighting its stages, and humanistic mediation. Methodological basis: the author used both general scientific (method of dialectical materialism, analysis, synthesis, etc.) and special legal methods. Scope of application of the results: in the fair resolution of a legal dispute under the condition of ensuring the balance of interests of the participants of the conflict. Conclusions: types (stimulative and evaluative) and kinds (interest-based mediation, transformative mediation, narrative mediation, humanistic mediation) of mediation are identified and described.
Introduction. The peculiarities of dispute resolution through mediation within individual countries may differ due to factors of not only legal, but also historical, cultural and social nature. Therefore, in the legal literature such criteria as the principles of the parties' participation in the mediation procedure, the limits of the mediator's intervention in the negotiation process, the range of dispute-related issues to be discussed by the parties are used to divide mediation into different types and kinds. Such division is of great theoretical and practical importance, as it facilitates a comprehensive study of the legal nature of mediation, its characteristic features, and its potential effectiveness for certain categories of disputes. Results. Two main types of mediation depending on the limits of mediator's intervention in the negotiation process are studied: stimulative and evaluative. The authors argue their point of view and draw conclusions by analysing the opinions of various foreign legal scholars, highlighting the positive and negative qualities of each type. The study separately demonstrates two kinds of mediation depending on the main purpose of the parties' participation in mediation: interest-based mediation and transformative mediation. Within the framework of the work, the authors point out the existence of such separate kinds of mediation as narrative mediation, highlighting its stages, and humanistic mediation. Methodological basis: the author used both general scientific (method of dialectical materialism, analysis, synthesis, etc.) and special legal methods. Scope of application of the results: in the fair resolution of a legal dispute under the condition of ensuring the balance of interests of the participants of the conflict. Conclusions: types (stimulative and evaluative) and kinds (interest-based mediation, transformative mediation, narrative mediation, humanistic mediation) of mediation are identified and described.
Keywords:
types of mediation, types of mediation, alternative dispute resolution, court, principles of mediation, civil procedure, narrative mediation, humanistic mediation, transformative mediation, incentive mediation, evaluation mediation
types of mediation, types of mediation, alternative dispute resolution, court, principles of mediation, civil procedure, narrative mediation, humanistic mediation, transformative mediation, incentive mediation, evaluation mediation
