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Legal and Psychological Aspects of Mediation 1388
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.
Mediation is a fairly new method, a so called alternative dispute resolution method (Abbrev. ADR), and therefore it is not thoroughly studied. Due to the fact that in Russia the process has just started and there is cultural impact on mediation practice in different countries, neither Russian nor foreign studies have developed terminological consistency. Therefore, it is difficult to provide a scientific classification of ADR. Such a classification would make it possible to conduct a comparative analysis and further universalization, which are definitely essential not only for the scientific support of mediation development but also for its management. Not surprisingly, today the term mediation is used in various interpretations in publications, legislation and especially in discussions. It is rather common to interpret it as any means of resolving a dispute (a case) other than classical legal judicial proceedings established by the procedural legislation. As a result, it seems appropriate to offer a definition of mediation the way the author of this article sees it, which should provide for the proper understanding of the text and for the correct critique of its ideas.
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