Legal and Psychological Aspects of Mediation

806

Abstract

The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

General Information

Keywords: mediation, juridisation of mediation, mediation alternativeness, the dialectic of the political and the psychological in mediation, mediation principles, confidentiality in mediation, a mediator's neutrality, mediation lawyers.

Journal rubric: Foreign Studies in Legal Psychology

Article type: scientific article

DOI: https://doi.org/10.17759/psylaw.2015050409

For citation: Dobrokhotova E. Legal and Psychological Aspects of Mediation [Elektronnyi resurs]. Psikhologiya i pravo = Psychology and Law, 2015. Vol. 5, no. 4, pp. 97–105. DOI: 10.17759/psylaw.2015050409.

References

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  3. The Model Law on International Commercial Conciliation of the United Nations Commission on International Trade Law (adopted by the Resolution 57/18 of the General Assembly on 19 November 2002); The Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 On Certain Aspects of Mediation in Civil and Commercial Matters.
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Information About the Authors

Elena Dobrokhotova, PhD in Law, Associate Professor, Associate Professor, Department of Labour Law and occupational safety, St. Petersburg State University, St.Petersburg, Russia, e-mail: Dobrohotova.E@jurfak.spb.ru

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