Mediation in the system of conflict management theory: state and development prospects

Abstract

Mediation is considered in the article as part of a conflict management theory, which, in turn, is interdisciplinary in nature. The logical chain is presented, according to which it makes sense to conduct theoretical and applied conflict management analysis, plan conflict-regulating actions, as well as build the teaching of conflict management theory. There are four main links in this chain: the methodology of the analysis of social conflict, its situational analysis, the definition of the technology of influencing the situation and the procedure for implementing the chosen technology. It is in the final link that the problems of mediation, or mediation, are present, which is the subject of research in this work. The purpose of the article is to analyze the development of the main directions of non–jurisdictional mediation in Russia and its role as a social regulator, when the parties of civil society follow the law, but have the opportunity to develop broader, diverse and acceptable conditions for resolving disputes. The review of historical prerequisites, the level of modern institutionalization, socially significant functions of the mediation process is carried out. The characteristics of the development of mediation in the state, commercial and civil sectors of society are given. The ways of development of mediation as a professional, educational and educative social resource are discussed. The obstacles to such development are fixed in the form of dominant state regulation of mediation activities, disproportionate use of mediation services and their weak market demand, scattered teaching of mediation-related educational disciplines, negative realities of the world experience. Conclusions are proposed about the need for a more harmonious state-legal regulation of mediation; the importance of developing communication competence, including a unified presentation of the disciplines «Negotiation – facilitation – mediation» in the educational process; the relevance of the education of conflict management literacy as a culture of behavior in conflict situations and the ability to manage them.