Judicial reconciliation is rarely observed due to the specialist's clarification.
In a significant move towards promoting alternative dispute resolution (ADR) methods, Viktor Momotov, Chairman of the Supreme Court Council, Supreme Court Judge, and Doctor of Law, has highlighted the challenges and potential solutions for increasing the practical application of these methods in Russia.
The current 70% return of the state fee for out-of-court settlements has been deemed ineffective due to its initially low amount. However, the Russian Supreme Court has given priority attention to ADR, recognising its potential benefits.
One of the main obstacles to the use of ADR, as highlighted by Momotov, is the dominance of the judicial approach over negotiation, a significant cultural factor. Persistent cultural stereotypes, a lack of a collaborative and compromising mindset in society, and a preference for traditional litigation are major barriers to the use of conciliatory procedures.
These obstacles have resulted in rarely used ADR methods, with statistical insignificance in Russia. Parties filing a lawsuit rarely consider compromising with the alleged rights violator, further exacerbating the issue.
To reform the current situation, Momotov proposes three ways: civic enlightenment, the development of the mediator institution, and financial regulation. Education and training to increase awareness and provide training for mediators and the public can help promote the use of ADR. Encouraging legislative changes to support and mandate the use of ADR in certain cases can help increase its adoption. Investing in infrastructure, such as mediation centers, can facilitate the process.
Highlighting successful cases of mediation can build trust and encourage more parties to use ADR. However, to address these issues in the Kamchatka Region specifically, it would be necessary to consult local experts or studies focusing on the region's legal and cultural context.
Despite the challenges, there have been some positive developments. In 2022, mediation or judicial reconciliation led to a settlement in 837 civil and eight administrative cases. During the same period, courts terminated 74,1 thousand civil cases and 223.5 thousand administrative cases due to settlements and withdrawal of claims respectively.
However, issues such as a lack of motivation among dispute participants and mediators, insufficient infrastructure, and a shortage of qualified mediators persist. For instance, Moscow, with a population of around 13 million, has only three conciliators, which is insufficient. Russia has only 351 judicial conciliators, with some regions having none.
Momotov proposes expanding the requirements for candidates, allowing experienced lawyers to take on the role of judicial conciliators. He also suggests increasing the cost of filing a lawsuit as an alternative approach.
The development of ADR is a long-term strategy, with the state setting goals for years to come. As the benefits of ADR become more widely understood and the necessary infrastructure and resources are developed, Russia is poised to see a significant increase in the use of these methods.
- In the context of Russian legal system, Dr. Momotov emphasizes the need for a shift from litigation towards health-and-wellness focused alternatives like science-backed mediation, acknowledging the persistent cultural barriers and the necessity for civic enlightenment, development of mediator institutions, and financial regulation.
- Given the success of ADR methods in resolving disputes, as demonstrated by the 837 civil and eight administrative cases settled through mediation in 2022, it is crucial to address lingering issues such as a lack of motivation and insufficient infrastructure by fostering a culture that values compromise, investing in advanced education and training for mediators, and increasing the availability of qualified mediators in russia's health-and-wellness landscape.
