Mediation In
Russia

Legal Framework

Mediation in Russia follows Federal Law No. 193-FZ of July 27, 2010 'On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)', which came into effect on January 1, 2011. The law defines mediation as an out-of-court procedure for settling disputes conducted with the consent of the disputing parties. Mediation must be conducted according to principles of voluntariness, confidentiality, cooperation, equality of parties, and mediator neutrality. The law applies to civil disputes but has been criticized for being limited to simple civil matters, preventing broader use in criminal restorative justice. The legislation does not provide funding for mediation or outline a structure for subsidy, forcing parties to pay for mediation in full. Later amendments concerning self-regulatory organisations of mediators came into force on July 23, 2013. The law reflects attempts to modernize legal dispute resolution in response to public skepticism towards western modalities.

Court System

Courts in Russia can refer parties to mediation but the process is voluntary. A mediation agreement reached after a dispute is submitted to court may be used as the basis for a settlement agreement, the approval of which entails termination of proceedings (Paragraph 5, Article 220 of the Code of Civil Procedure of the Russian Federation). The court system became overburdened by the early 2000s, which prompted the systematic implementation of mediation beginning in 2004-2005. However, cultural factors have limited court annexed mediation adoption. Russian attorneys generally do not like deferring to third party assistance and see mediation as insulting and unnecessary. In the absence of laws compelling use of mediators, lawyers feel they are the arbiters of justice. The judiciary has made efforts to promote ADR but mediation struggles to compete with well established arbitration systems like MKAS.

Mediator Regulations

The Federal Law on mediation provides for self-regulatory organisations of mediators. The Scientific and Methodological Centre for Mediation and Law covers scientific, methodological and analytical work related to mediation, promotion of mediation-related knowledge, conferences on mediation, education of mediators, and certification of mediators. However, critics contend that the murky parameters surrounding mediator training credentials limit the ability of trainers to expand mediation education beyond a few mediation centres' established training programmes. There is no comprehensive national accreditation system. Professional mediators require training from certified centres. The 2013 amendment concerning self-regulatory organisations aimed to improve mediator regulation but implementation has been limited.

Cultural Approach

Russian culture presents significant barriers to mediation adoption. The perception in Russian society is that voluntary processes do not work. Without clear parameters and compelled participation, clients and attorneys are hesitant, feeling they are wasting time in an informal process. The cultural ethos of attorneys is that of a very proud profession that does not like deferring to third party assistance. Attorneys see the suggestion that a third party facilitate negotiations as insulting and unnecessary. Russian culture is rooted in structural tradition, and when new structures are introduced, skepticism follows. Post-Soviet assumptions about western modalities directly undermine public awareness efforts. The Russian public and government view mediation as a western concept, and western approaches to dispute resolution are seen as unreliable and even dangerous. There is little exposure to mediation in schools, and mediation awareness among lawyers is rare. However, Russia has a long history of amicable dispute settlement as part of cultural and ethical norms.

Typical Costs

The legislation failure to provide funding for mediation or outline a structure for subsidy forces parties to pay for their own mediation processes in full, creating socioeconomic obstacles to broader use of mediation. Parties must bear all costs of mediation, which limits accessibility for lower-income individuals. Private mediation through institutions like MKAS and other arbitration centres charges fees based on their fee schedules. The cost of mediation is seen as a barrier compared to arbitration, which is more established and predictable. The lack of subsidy or funding mechanisms means mediation remains primarily accessible to those who can afford private mediation services.