Abstract
The article is devoted to the study of foreign experience in the implementation of mediation in notarial activities. The concepts of “mediation” and “mediator” in the national legislation are analyzed and the problem of the lack of a unified approach to endowing representatives of different professions with the powers of a mediator is singled out. It is noted that, as a general rule, the opinion of scholars is focused on the expediency of empowering lawyers, judges and notaries to conduct mediation. Emphasis is placed on the relevance of studying foreign experience, due to changes in the legislation on notaries, according to which notaries have the right to mediate, provided they undergo basic training as a mediator. The positions of the Council of Notaries of the European Union and the European Commission on the effectiveness of justice have been taken into account, according to which, by their legal nature, notary representatives can play a crucial role in the mediation procedure. It has been established that with the trust of the public, they can use their legal knowledge and hearing skills in the dispute resolution process. It is determined that the peculiarities of the introduction of mediation by a professional lawyer in different countries depend on the legal status, education and other requirements for representatives of the legal professions. The experience of Austria, Germany, Spain, France, Belgium, Georgia, Poland and other countries is analyzed. It is concluded that the introduction of mediation into the national legal system by a notary is a positive step, as he is a qualified, impartial, neutral and independent lawyer. It is emphasized that the participation of a notary as a mediator in the settlement of a conflict (dispute) ensures the legality of the procedure, its voluntariness, the reliability of explanations and other information that the parties receive in the process of joint decision-making. There is a tendency to lack a single clear approach to the regulation of the powers of a notary mediator and the procedure for notarial mediation. The most optimal options for the development of notarial mediation are proposed, related to the authority to conduct mediation, develop and certify an agreement based on the results of mediation.
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