Interaction between mediation and the notariat
problems and prospects
DOI:
https://doi.org/10.52028/rbadr.v7.i14.ART05.RUKeywords:
Alternative methods of dispute resolution, Mediation, Notariat, Mediation agreement, NotarizationAbstract
This article highlights the relevance of applying alternative methods of dispute resolution, in particular the institution of mediation. It analyzes the history of mediation in the Russian Federation, as well as the current state of this institution and its legislative regulation. The authors examine issues related to the further development of mediation and possible ways of its improvement, including the interaction between mediation and the notariat. At present, the interaction between mediation and the notariat is becoming increasingly relevant and widely discussed in academic circles. Mediation and the notariat are two areas of legal practice, each with its own specific features and aims. However, upon closer examination, several key aspects and areas can be identified where these two spheres intersect and may interact. More specifically, the article addresses the notarization of mediation agreements, since in this context it is premature to consider the development of mediation completed. On the contrary, the steady progress of the institution of mediation and its growing role in conflict resolution are clearly evident. One of the stages of this development is the possibility of notarizing mediation agreements, which acquire the legal force of an enforceable instrument. It is difficult to disagree that a notary, by virtue of the combination of professional qualities and the legal regulation of his or her activities, can most effectively act as a mediator. This issue has been examined in the works of a many scientists. In conclusion, the authors of the article argue that the interaction between mediation and the notariat represents a promising direction for the development of legal practice. The joint efforts of mediators and notaries may contribute to improving the effectiveness of legal conflict resolution, protecting the interests of citizens, and strengthening legal culture in society. It is essential to continue research in this field and to develop practical methods of cooperation between mediators and notaries in order to achieve the best possible results in the legal sphere.
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