Медиация и нотариат: опыт Франции и России

Abstract

Mediation as a procedure for a peaceful settlement of disputes is gradually entering the legal life of many European countries. Mediation being in the “set” of conciliation procedures proposed by the state as an alternative to trial, as a friendly settlement of legal conflict, is developing in a priority order. One of the areas of development is the application of the procedure in notarial activity. The French notary achieved in this area certain results that are of interesting for study, analysis, and subsequent perception, taking into account Russian legal realities. A notary mediator, a notary who knows and accepts mediation as a way of resolving a dispute, a notarial intermediary is not only the names that are interesting for the theory of the civil process, bur they are notarial practices. The use of various aspects of mediation in notarial activity allows us to talk about the reality of the “union” between notaries and mediation, its organic character due to the similarity of the goal, objectives, principles of the notary and mediator. At the same time, attention is drawn to the presence of a number of problems that impede the active promotion of mediation into the sphere of notaries.