KAZAN NATIONAL RESEARCH TECHNOLOGICAL UNIVERSITY CONFLICT STUDIES DEPARTMENT Mediation as an alternative dispute resolution method tudent: Kamilla Kiyamova
Overview What is conflict? What is mediation? Core principles of mediation Stages of mediation What does it take to become a mediator? The main features and development trends of mediation in Russian Federation
What is conflict? • Social conflict is a struggle between opponents over values and claims to scarce status, power and resources. (Lewis Coser, The Functions of Social Conflict, 1956)
What is mediation? • Mediation is a process in which an impartial third party assists disputants in finding a mutually acceptable solution to their dispute.
Core principles of mediation ! Voluntary ! Neutral ! Confidential ! Equality
Stages of mediation Stage I – Pre-Mediation & Opening the Session • Stage II – Identification of Issues • Stage III – Generating Options and Problem-Solving • Stage IV – Agreement Writing and Post-Mediation
What does it take to become a mediator? • • • Supporting the people Controlling the process Solving the problem Specific skills to Mediation The ability to: • Earn and develop trust to maintain acceptability. • To convert parties’ positions into needs and interests. • Screen out those issues that can not be mediated. The ability to help disputants: • Invent creative options. • Identify principles and criteria that will guide their decision making. • Assess their non settlement alternatives. • Make their own informed choices. • Assess whether their agreement can be implemented.
The main features and development trends of mediation in Russian Federation • Federal Law on alternative procedure of dispute resolution with participation of a mediator (mediation procedure) is aimed at creating the legal conditions for developing alternative (non-jurisdictional) methods for settling disputes in the Russian Federation with participation of independent mediators.
Thank you for your attention!