Alternative Dispute Resolution in Russia

Current State and Prospects for Development

Abstract

This article is devoted to the study of the institution of alternative dispute resolution (hereinafter – ADR) in Russia. The objective is to analyze the current state of the ADR system in Russia, to identify the key problems of its functioning, and to determine promising directions for its development. The following methods were employed in the course of the study: the dialectical method – making it possible to consider ADR as an evolving phenomenon and to identify internal contradictions in its legal regulation and practical application; analysis and synthesis – employed for the comprehensive examination of ADR, from the initial analysis of legislation, judicial practice, and statistics to the synthesis of the data obtained for the formation of a holistic conception of the effectiveness of ADR and the development of recommendations; induction and deduction – which made it possible to move from general theoretical propositions to particular cases of their application (deduction) and, conversely, on the basis of the analysis of individual provisions and problematic situations, to draw generalizing conclusions about the state of the entire system (induction); the systemic method – by virtue of which ADR is regarded as a complex, multi-level system encompassing mediation, negotiation, arbitral proceedings, and others, making it possible to establish connections between its elements and the external environment (state courts, society, the economy). The study also employed: the formal-legal method (to identify gaps in the legislation and to formulate proposals for its improvement); the comparative-legal method (analysis of successful models of mediation and arbitration in other countries has made it possible to propose optimal pathways for the development of the Russian system); and the historical-legal method, which was employed to examine the genesis of ADR and which has made it possible to understand the deep-seated socio-cultural causes of contemporary distrust of ADR and to substantiate the need to form a national model that takes account of historical traditions. Results: systematization of the existing methods of alternative dispute resolution within the Russian legal system; analysis of the regulatory framework governing the application of ADR procedures; identification of the advantages and disadvantages of various forms of alternative dispute resolution; assessment of the effectiveness of the practice of applying the law in this area; identification of institutional barriers to the development of alternative dispute resolution methods in Russia; and formulation of proposals for the improvement of legislation. The authors conclude that, in the context of the rapid development of digitalisation and the emergence of the information society, one of the most promising directions for the modernization of the aforementioned procedures should be the resolution of disputes through the application of internet technologies.