Development of online mediation in Russia and the Republic of Kazakhstan

Resumo

Taking into account the practical and further legal implementation of alternative dispute resolution methods in the Russian Federation and the Republic of Kazakhstan, the legal community pays attention to the legislative consolidation of the status of mediation technology for dispute resolution, since the rights of citizens and legal entities and extrajudicial forms of protection of interests contribute to the development of social harmony, reducing conflict in society, as well as the development of cooperation relations in the long term. The authors drew attention to the implementation and increasing introduction of online mediation. However, in this regard, neither the Russian Federation nor the Republic of Kazakhstan have developed rules for virtual mediation, there are no regulations for conducting the procedure in the online space. The authors propose to standardize this institution. Today, the use of the mediation institute shows that this mechanism may be necessary as one of the universal ways to resolve conflicts and disputes. When studying the application of the mediation regulations of the two countries, some features and differences were identified, as well as general rules for the use of alternative dispute resolution methods. At the same time, there is no special regulation for virtual dispute resolution in the legislation of the countries under consideration. The authors recommend expanding the scope of virtual mediation in school life, using this institution more widely in intellectual property law and in other legal relations. Despite the fact that in the countries represented, various ways are used to achieve a mutually acceptable solution between the parties in court and out of court, but, as a whole, the institute of mediation and the institute of online mediation need to be expanded and standardized according to certain models, depending on the disputes under consideration.