Today one of the most pressing issues is the question of mediation as an alternative method of extrajudicial dispute resolution. Mediation is a promising direction of improvement of the existing Russian mechanisms for resolving disputes and protect the violated rights of citizens and legal entities. mediation is based on conflict resolution involving a third party that has no interest in the dispute. Named by an
independent party acts as a mediator whose main function is to assist the parties to select a compromise solution to settle the dispute. The benefits of alternative dispute resolution is that parties have full control over the decision-making process for resolving the dispute and the conditions for its resolution. In addition,the parties to the dispute choose and accept the mediator. The distinctive advantages of mediation as an alternative method of dispute settlement before judicial protection method are truncated, the timing of the resolution of the dispute, minimizing costs, and the process of mediation is private and confidential. The mediation procedure according to art. 2 of the Law on mediation is a way of resolving disputes with the assistance of a mediator on the basis of voluntary consent of the parties to achieve a mutually acceptable solution to them. The goal of the mediator is to assist the disputants to resolve their conflict on their own, by providing them with opportunities to explore all ways to resolve the conflict to determine a negotiated solution acceptable to each party. To date, however, the mediation Law does not contain provisions which are important in the regulation of relations on alternative procedure of dispute settlement with participation of mediator. So, there is not regulated, there remain provisions relating to liability of the mediator. However, it is of paramount importance, because the accountability mechanisms in this case can serve as a tool for ensuring the effectiveness of mediation as a way of resolving disputes through mediation
GOAL of learning: a) to acquaint students with the organization of civil proceedings in the courts of the Russian Federation and Western Europe; b) to form an idea about the aims and objectives of each stage of civil process; C) to develop
skills of comparative legal analysis of regulatory legal acts in terms of comparing with international acts of different levels in the field of European civil procedure; g) to
promote
the methods of scientific research in the process of working with regulatory and monographic sources in the field of European civil procedure.
