Resistance, Indifference or Ignorance? Explaining Russia's Nonuse of Mediation
29 Pages Posted: 20 Aug 2017
Date Written: August 17, 2017
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: Suggested Citation