Judicial Mediation: A Comparative Analysis of the Regulation of Mediators’ Participation in Court Proceedings

<jats:p>Mediation is a modern dispute resolution mechanism that seeks a mutually acceptable solution by fostering dialogue between the parties, with the assistance of a neutral intermediary. International experience shows that mediation becomes more effective when it moves beyond mere declaration and is organically integrated into judicial practice. Effective mediation is a practical tool that reduces the burden on courts, saves time and costs and — most importantly — preserves relationships between the parties by addressing the root causes of their conflict. This research paper analyses international experience in regulating mediators’ participation in court proceedings. Based on an examination of practices in Germany, France, Italy, Singapore, the United States (Florida), England and Wales, Brazil, Kyrgyzstan, and Kazakhstan, the research identifies key common principles — voluntariness, confidentiality, and neutrality — as well as effective elements of mediation systems. These include detailed qualification and ethical standards, specialized training and a requirement of a high level of professionalism among mediators, procedural incentives — including economic incentives — for the parties; sanctions for unreasonable refusal to engage in mediation; measures to raise parties’ awareness of the mediation procedure; and simplified mechanisms for enforcing mediated settlement agreements. This research supports implementation of the action plan (road map) for achieving the key performance indicators of the national model for target business conditions through 2030 in the field of dispute resolution, and proposes specific recommendations for improving Russian legislation. These include introducing uniform standards for mediators’ activities, establishing procedural incentives and sanctions for unreasonable refusal to engage in mediation, integrating mediation with the judicial system, and simplifying the enforcement of mediated settlement agreements.</jats:p>