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Psychology and Law

Publisher: Moscow State University of Psychology and Education

ISSN (online): 2222-5196

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

License: CC BY-NC 4.0

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Legal and Psychological Aspects of Mediation 1335

Dobrokhotova E.N., PhD, Associate Professor, Department of Labour Law and occupational safety , St. Petersburg State University, St.Petersburg, Russia, Dobrohotova.E@jurfak.spb.ru
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.

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.

Column: Foreign Studies in Legal Psychology

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

For Reference

References
  1. A Big Dialogue on Family Mediation, Mediation and Law. Vol. 1 (27), 2013, p. 17, pp.10-24.
  2. The Directive 2008/52/EC of the European Parliament of 21 May 2008  On Certain Aspects of Mediation in Civil and Commercial Matters.
  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.
  4. The FIM Reviews the Past Year, Mediation and Law. Vol. 1 (27), March 2013, p. 12.
  5. The Bulletin of the Federal Institute of Mediation 2013. Science editor T. Shamlikashvili. Moscow, Publishing Inter-regional center of administrative and policy advice, 2013, pp. 207-229.
  6. Denisenko V.V. Legitimacy as a Characteristic Feature of the Essence of the Law. Introduction into the Theory. Moscow: Yurlitinform, 2014. pp. 133-142.
  7. Menkel-Meadow C. Why We Must not Forget about What Seems Best to Forget, Mediation and Law. Vol. 1 (30), March 2014, pp. 41, 43, 45, 51.
  8. Menkel-Meadow C. Why We Must not Forget about What Seems Best to Forget, Mediation and Law. Vol. 1 (27), 2013, p. 52.
  9. Mironi M. An Easy Way Away from the Purpose, Mediation and Law. Vol.1 (27), 2013, p. 61.
  10. Mironi M. Op. cit., pp. 59-66.
  11. Nosyrev, E.I. Posrednichestvo v Uregulirovanii Pravovyh Sporov: Opyt SSA [Mediation in Legal Dispute Settlement: the Experience of the USA]. Gosudarstvo i Pravo, Vol.5, 1997, pp. 109-114.
  12. Nosyreva E. op. cit.
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