Становление института медиации в сфере семейных споров в России: законы, теории и практики

Abstract

On the basis of analysis of literature and results of a search multi-method study, the formation of the family mediation institution in Russia is described in the context of the “Law on Mediation”, which entered into force in 2011. The relevance of the topic is conditioned by the high level of family conflict, divorce, disputes about children’s place of residence after divorce, participation of single parents in the financial and psychological support of children, domestic violence and others.The functions of family mediation are often de facto performed by representatives of guardian authorities, the Commissions for minors and protection of their rights, family consultants, and international and federal judges. Lawyers and attorneys tend to be skeptical of mediation, often seeing it as a “competitor”. The position ofjudges surveyed by the author in relation to family mediation has not yet been formed. The level of public awareness on this issue has not been studied, and based on indirect evidence, is extremely low.It seems that in Russia it is expedient to introduce family courts, which, in addition to civil cases, could under criminal law also consider cases of domestic violence, as well as incorporate courts for juvenile offenders into its structure. The presence of mediators, or information about them, is important in the courts for the settlement of family disputes. Free services of mediators for low-income families with children could be compensated by federal or regional subsidies.Training mediators is mainly chargeable in the framework of a basic course for people with higher education. Specialization is focused on arbitration conflict resolution and mediation services in schools. Few family mediators are being trained because there is no framework in which they can “fit” into. Psychologists and social workers should be involved in this sphere, or the privilege of lawyers in the services market will not reduce costs, and will therefore hinder the development of family mediation practice.