Photos from the Third Mediation Conference are available here

The Third International Mediation Conference “Mediation as a Tool of Improvement of Legal Culture” which is going to be held in Moscow on October 29-31, 2009 continues tradition of international meetings from its outset in February 2005 – the forum “Mediation. A New Step on the Road to Rule-of-Law State and Civil Society”, and the conference “Mediation. Alternative Dispute Resolution Methods and their Relevance for Improving Business and Corporate Ethics” in 2007. Organizers of all mentioned events as well as the upcoming conference became the Scientific and Methodological Center for Mediation and Law together with the Russian Association of Lawyers.

Over the past five years interest in mediation in Russia has been rapidly growing on most diverse levels and in all kinds of directions including scientists, politicians, jurists, representatives of legislative and executive authorities, business society, community organizations. In a relatively short time ideas of ADR have already embodied in practice, in establishing such entities as Subcommittee on ADR and mediation in the Russian Association of Lawyers and in development of corresponding draft legislation which is a necessary condition of further successful integration of the ADR system into legal culture.

For more than three years already there have been maintained mediation courses at the leading Russian law schools, such as the Russian School of Private Law, Moscow State Law Academy, Law Faculty at the Lomonosov Moscow State University. Businessmen and corporate jurists are gradually facing the new institute of dispute resolution which is really capable of increasing their effectiveness and safety. School Mediation project has found a growing number of allies and forms a basis for revealing social potential of mediation institute in different spheres of human activity.

Another confirmation of active regional spreading of ADR and mediation is the launch of the Legal experiment on implementation of conciliation procedures and mediation in particular in the Ural Federal District in the end of 2008. This proves that mediation has ceased being a subject of theoretical speculations; it has started working and giving material results.

Today the Russian society has reached the borderline beyond which there repeatedly grows significance of civil responsibility, law knowledge, skill of conflict resolution both among groups, organizations and individuals as well as among citizens and the state. That’s why we simply have no right to refuse from the perspectives offered by ADR and mediation in all spheres of life.

International mediation forums have become traditional for Russia and attract attention of representatives on legislative and judicial authorities. Every time these forums gather more and more experts in mediation from all over the world. Foreign colleagues accept the Russian party as an equal partner in achieving the global community objective despite the fact that history of mediation as a modern institute in Russia amounts to a few years. The aim is simple: to bring human relationships to a new level of understanding, so that all and sundry could live in a modern controversial and rapidly changing world without falling down to conflicts and confrontation. We hope that the Third International Mediation Conference “Mediation as a Tool of Improvement of Legal Culture” will help us join efforts to achieve this aim successfully.

Post-Release of the Conference:

On October 29, 2009 the Scientific and Methodological Center for Mediation and Law together with the Russian Association of Lawyers held the plenary session of the Third International Conference “Mediation as a Tool of Improvement of Legal Culture”.

The conference organized by the Center for Mediation and Law and Russian Association of Lawyers was held with support of the Russian Union of Industrialists and Entrepreneurs and the Trade Chamber of Industry and Commerce. The sponsor of the Conference was VTB Bank.

At the plenary session there were speeches delivered by the Aide to the President of the Russian Federation Arkadiy V. Dvorkovich, Adviser of the President of the RF Veniamin F. Yakovlev, President of the Russian Union of Industrialists and Entrepreneurs Alexander N. Shokhin, a retired judge of the Constitutional Court Tamara G. Morschakova, Dean of the Law Faculty of the Lomonosov Moscow State University Alexander K. Golichenkov, President of the Federal Chamber of Lawyers of RF Evgeniy V. Semenyako, Chair of the Arbitration Court of the Sverdlovsk region Irina V. Reshetnikova and President of the Scientific and Methodological Center for Mediation and Law, Chair of ADR and Mediation subcommittee of Russian Association of Lawyers Tsisana A. Shamlikashvili.

The Conference was opened by Dr. T. Shamlikashvili who thanked Russian and foreign guests of the Conference for their readiness to take part in the forum and expressed hope for fruitful collaborative work. Arkadiy V. Dvorkovich stated that there already exist all necessary prerequisites for adoption of the draft law on mediation, which will help create legal space for further integration and development of this dispute resolution method in the Russian Federation. Legislative consolidation of a mediator’s authority and status, as well as the procedure of mediation itself were also mentioned by Veniamin F. Yakovlev. Retired judge of the British Superior Court Sir Henry Brooke told the participants about peculiarities of out-of-court dispute resolution in the UK and, being the Chairman of the Civil Mediation Council, he also described the role of this independent body in promoting the mediation institute on the whole. The next speaker Alexander N. Shokhin also touched upon the topic of pending draft laws on mediation and focused his attention on mediators’ status and requirements placed on them. Alexander K. Golichenkov drew the attention of the listeners to the same issue and pointed out the necessity of including mediation into the state educational standards for lawyers. After that the floor was yielded to Evgeniy V. Semenyako who confirmed that the legal society was highly interested in mediation and brought into focus that the only key requirement to mediators was that they should envoke trust. Tamara G. Morschakova devoted her speech to advantages of using mechanisms of restorative justice in the work with juvenile offenders and the role of the community of judges in its promotion.

Guests of the Conference became internationally recognized specialists and experts in mediation from different parts of the world: executive vice-president and general counsel of JAMS Jay Welsh (USA), director the Kukin Program for Conflict Resolution at the Cardozo School of Law, Immediate Past-Chair of the American Bar Association Section of Alternative Dispute Resolution Lela Love (USA), a judge at the German Regional High Court and a mediator Freya Entringer (Germany), director of CEDR Tony Allen (UK), a judge and mediator, head of court-annexed mediation project and teacher of the National School of Judges Machteld Pel (Netherlands), family mediator and trainer Lisa Parkinson (UK), mediator of Public Service of Mediation at the Ministry of Justice (Julgados de Paz), facilitator and trainer Ursula Caser (Portugal), Head of CEDR Training Faculty, mediator and facilitator Heather Allen (UK), founder and former Chairman of the Israeli Association of Mediators Michael Tsur, the head of the Netherlands Mediation Institute (NMI) Dan de Snoo, accredited mediator (CEDR; SPCP) and barrister Paul Randolph, lawyer and mediator of the Swiss Chamber of Commercial Mediation (CSMC) and CEDR, director and general counsel of Altenburger company Jeremy Lack (Switzerland) delivered speeches and presentations.

Foreign guests shared their vision of modern successful achievements and problems encountered in mediation development both in their countries and globally. Jay Welsh touched upon the topic of arbitration and mediation use in cross border disputes. Lela Love shared her viewpoint on the essence of mediation process, while Freya Entringer told the participants about establishment and development of this dispute resolution method in Germany. Tony Allen reviewed specific characteristics of mediation in disputes with insurers and Machteld Pel adverted to the key issue of mediation – how to bring opposing sides to the negotiating table. Ursula Caser informed the participants about mediation system in Portugal, and Heather Allen discussed complicated issues relating to qualities of professional mediator. Michael Tsur stressed attention of participants on the peculiarities of mediation in extreme situations, as well as psychological mechamisms that rule dispute resolution.

Foreign colleagues expressed their shared opinion about the fact that the process of integration of mediation institute into the Russian legal system is significant for the society on a global scale, as well as implementation of ADR into international relations system.

The Conference guests and participants agreed in the opinion that the forum became a remarkable event in the development of ADR system, mediation institute and legal culture on the whole. The Russian legal society and business society demonstrated both interest and understanding of mediation advantages, desire and commitment to facilitate wide practical application of this method in Russian Federation, especially amid the global economical crisis.

The Conference plenary session which lasted till late evening enriched guests and forum participants with diversified immediate information and provided food for thought and insights which continued in the following days during workshops and the roundtable discussion.

Conference Organizing Committee:

007 (495) 253-01-30, (495) 253-11-11
Contact person: Ms. Irina Vinogradova, Ms. Anna Lebedeva
E-mail: office@mediacia.com
http://www.mediationconference.org/
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