Mediator's profession: current issues of regulatory regulation in Russia
DOI:
https://doi.org/10.17308/law/1995-5502/2023/4/62-71Keywords:
professional mediator, profession, legal requirements, age, training, digital mediator, online mediation, legislationAbstract
The article deals with topical issues of regulatory regulation of the domestic mediator profession. Its value for the development of society is substantiated, legislative requirements for professional mediators are analyzed. The conclusion is made about the slow processes of the formation of this profession in Russia. The scientific novelty of the work is presented in a comprehensive socio-legal study of the problems based on the analysis of scientific opinions, legislative and other acts, the positions of professional mediators, some foreign experience, accompanied by author's judgments. The originality of the work lies in the generalization in it of the results of a sociological survey of professional mediators on a number of debatable issues of the topic. These include: the need to preserve non-professional mediation, the legislative establishment of a minimum age for a professional mediator, requirements for his level of education and special training, legal regulation of online mediation, the prospect of introducing a digital mediator and the use of an artificial neural network in conducting mediation procedures. The results of this study can become a subject for scientific discussion and subsequent study by scientists, as well as they can be used as a basis for the development of the provisions of a new law that regulates the mediation procedure and the status of a mediator.
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