Resistance, Indifference or Ignorance? Explaining Russia's Nonuse of Mediation

29 Pages Posted: 20 Aug 2017

See all articles by Kathryn Hendley

Kathryn Hendley

University of Wisconsin-Madison Law School; University of Wisconsin - Madison - Department of Political Science

Date Written: August 17, 2017

Abstract

Russia is a late developer as to mediation. In contrast to the United States, Western Europe, and the Far East, where mediation has been available for decades, legislation authorizing mediation in Russia went into effect only at the beginning of 2011. Although Russian law scholars greeted this institutional innovation with enthusiasm, ordinary Russians paid little attention. Few have taken advantage of it. The leaders of the Moscow-based Center for Mediation and Law argue that "[a]bsolutely all experts agree that the development of mediation in Russia has been very weak." The Russian scholarly literature is replete with explanations for the nonuse of mediation. Most focus on the shortcomings of the legislation, with an occasional nod to the potential role of legal culture. Given the historical preference for doctrinally-driven research, the failure to ground theory in empirical data is not surprising. This article, which analyzes Russians' views of mediation gleaned through a series of 2014 focus groups, begins to fill that gap.

Keywords: Mediation, Russia, Nonuse of Mediation, Russian Legislation, Civil Law

Suggested Citation

Hendley, Kathryn, Resistance, Indifference or Ignorance? Explaining Russia's Nonuse of Mediation (August 17, 2017). 32 Ohio State Journal on Dispute Resolution 487 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1422, Available at SSRN: https://ssrn.com/abstract=3020885

Kathryn Hendley (Contact Author)

University of Wisconsin-Madison Law School ( email )

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University of Wisconsin - Madison - Department of Political Science ( email )

1050 Bascom Mall
Madison, WI 53706
United States

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