UDC: 347.627(470)
BBC: Х404.51(2Рос)
Semenova I.
Features of mediation in family relations
Keywords: legal dispute, legal conflict, conciliatory procedures with participation of an intermediary, procedure of family mediation, pre-judicial settlement of a family dispute, problematical character of using mediation procedures in a family, mediation agreement
The article examines one of current problems of today's legal reality – features of mediation procedure in marriage – family relations as a pre-judicial way for legal conflicts resolution in a family. The author notes that in recent years the state began to realize the need to activize the use of conciliatory procedures and simplified legal proceedings in cases which do not represent special complexity in establishing factual circumstances of the case. Mediation, representing an informal process aiming at reconciliation of the parties assumes consideration of the dispute by a neutral party – an intermediary helping persons to come to a common decision which is drawn up by means of a mediation agreement. Family mediation, as a rule, supposes search of answers to the questions connected with divorce of spouses, defining issues of the child’s residence in case of his parents’ divorce as well as with the future of the child. The work of a conciliator is focused on process of overcoming crisis in family. The most important purpose of family mediation is to avoid a trial and to apply measures for protecting the child’s rights by means of amicable settlement. The researcher examines standards of the adopted Federal law of the Russian Federation dated July 27, 2010 № 193-FZ «About the alternative procedure of disputes resolution with participation of an intermediary (the procedure of mediation)» and comes to the conclusion about the importance of mediation procedures in family relations capable to keep marriage, to strengthen it and to protect the rights and the interests of children. Noting certain difficulties in achieving family mediation agreements, the author notes that the specified sphere of public relations needs activization of legal researches.
References
- Deryusheva O.I. Mediatsiya v semeinykhsporakh [Mediation in family disputes]. Territoriyanauki [Area of science], 2017, no. 3, рр. 173-176.
- Dobrolyubova E.A. Mediatsiya v sisteme sposobov zashchity prav predprinimatelei: avtoref. dis. … kand. yurid. nauk [Mediation in the system of ways to protect the rights of entrepreneurs. Abstract Diss.]. Moscow, 2012, 25 р.
- Putin V.V. Izbrannyerechi i vystupleniya [Selected speeches and speeches]. Available at: https://public.wikireading.ru/155792.
- Trofimets I.A. Mediatsiya i rastorzheniebraka [Mediation and dissolution of marriage]. Available at: http://otrasli-prava.rf/article/1325.
- Fokov A.P. Pravosudie i ob al’ternativnoi protsedure uregulirovaniya sporov s uchastiem posrednika (institute mediatsii) [Justice and alternative dispute settlement procedure with the participation of the mediator]. Available at: http://justicemaker.ru/view-article.php?art=1671&id=3.
- Chernova E.A., Semenova I.Yu. Mediatsiya v semeino-brachnykhotnosheniyakh [Mediation in family-marriage relations]. Problemy kachestva rossiiskogo zakonodatel’stva: sb. nauch. tr. Vseros. nauch.-prakt. konf. [Proc. of Rus. Sci. Conf. «Problems of quality of the Russian legislation»]. Cheboksary, Chuvash State University Publ., 2017, 748 р.
About authors
- Semenova Inna Yu.
- Senior Lecturer, Department of Civil Law Disciplines, Chuvash State University, Russia, Cheboksary (iysemenova@mail.ru; ORCID: https://orcid.org/0000-0001-7557-228X)
Article link
Semenova I. Features of mediation in family relations [Electronic resource] // Oeconomia et Jus. – 2018. – №3. P. 63-70. – URL: https://oecomia-et-jus.ru/en/single/2018/3/7/.
