Mediation as a Way to Resolve Family Disputes and Disagreements
- Authors: Letova N.V.1
-
Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 18, No 5 (2022)
- Pages: 115-120
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/546078
- DOI: https://doi.org/10.33693/2541-8025-2022-18-5-115-120
- ID: 546078
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Abstract
Purpose of the study. In this article, the author examines the social and legal purpose of the institution of mediation in the field of family relations, its impact on the settlement of conflicts, disputes, disagreements in the family that arise between family members, identifies the features of mediation agreements, identifies their advantages as a way to protect the rights of participants in a dispute and a variety of pre-trial the procedure for resolving disagreements between the parties, the trends in the development of the institution of mediation in our country are determined. The author comes to the conclusion about the preventive value of mediation agreements, the wide distribution of which in practice will eliminate the need for the parties to apply to the court for the protection of their rights, except in cases where it is not possible to protect the right of a family member in any other way.
Keywords
mediation, mediation agreements, mediator, mediation institute, agreements, transactions, contracts, a family, family relationships, family conflicts, children, protection of the rights of the child, family members, judicial procedure for resolving cases, pre-trial settlement of disputes, protection
About the authors
Natalia V. Letova
Institute of State and Law of the Russian Academy of Sciences
Email: letovanv@mail.ru
Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector Moscow, Russian Federation
References
- Levushkin A.N. Reform of family law: improving the structure of the Family Code of the Russian Federation and the legal regulation of individual marriage and family relations // Actual problems of Russian law. 2017. N. 5.
- Narutto S.V. Family as a constitutional value. Actual problems of Russian law. 2017. N. 5.
- Glendon M.A. The transformation of family Law States. Law and Family in the United States and Western Europe/ Chicago and London. The Univ of Chicago Press. 1989.
- Zagainova S.K. Grounds and directions for the introduction of conciliation procedures (mediation) into the practice of the Russian notaries // Judge. 2014. N. 7.
- Venyalyaynen M. Mediation and legal assistance in cross-border family disputes // Family and housing law. 2014. N. 1.
- Smyshlyaeva O.V. Family and the right to create it in the Russian Federation: family and marriage regulation and constitutional and judicial protection // Russian Justice. 2017. N. 12 (140).
- Leist O.E. The essence of law. Problems of theory and philosophy of law. M, 2002.
- Lushnikov A.M. Treaties in the field of family, labor and social security. M, Prospect, 2014.
- Cairns H. The Theory of Legal Science. N.Y.
- Pobedonostsev K.P. Civil law course. Part 2. Family, inheritance and testamentary rights. M, Statute, 2003.
- Shershenevich G.F. Civil Law Course, 2001.
- Titarenko E.P. The concept and characteristics of agreements in family law // Family and housing law. 2005. N. 2.
- Nizamieva O.N. Property agreements of spouses in foreign law // Family and housing law. 2004. N. 3.
- Sinelnikova T.Y. Property Relations of Spouses as an Object of Legal Regulation // Family and Housing Law. 2007. N. 3.
- Zvenigorodskaya N.F. Problems of execution of contracts provided for by family legislation // Law. 2007. N. 5.
- Chashkova S.Y. The system of contractual obligations in Russian family law. M, 2004.
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