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Regulating Mediation

Regulating Mediation

What should people consider when thinking about regulating mediation?

 

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I think that, first of all, development of the regulation of mediation should be harmonised with mediation itself. Mediation is very flexible. So that’s why when we drafted the law we tried to make it less regulated, especially by State. That’s why we have self-regulation, and by the law, mediators and mediation providers they can create associations. They may, but they are not obliged to do this.

 

Okay.

 

Today we have very different organisations, but we have one problem that it’s a good thing, but for development sometimes it creates some problems, because it’s a huge country and the development of new institutions usually starts in the big cities.

 

People somewhere on periphery when they hear about something new, of course, they want it and it’s very good. They want to follow this new trend and they want to have all this settled in their regions as well.

 

But there is no such possibility to teach them, or sometimes they’re not even themselves so much conscious about this, that they have to study first. Sometimes we have such cases when people are coming to the conferences and they are saying, ‘We don’t know how to do it, but we teach others.’ Can you imagine? But it probably happens everywhere sometimes.

 

With mediation, we have to be very careful. If parties they have bad experience about mediation, and this bad experience usually comes from non-professional mediator, so then it can harm all mediation development. That’s why I think from the beginning we have to try at least to have kind of basic standards.

 

Some criterias, which have to be accepted and followed by everyone. Still we have to have this variety, because we need competition. We have to compete with each other, first of all, and with such huge country, of course, there are cultural differences as well. We have different confessions, we have different cultures.

 

We have to be able to build up the way like it’s more natural for the societies, for the groups, but at the same time, if we are developing something different, but we call it mediation, then it’s not good. Do you understand what I mean?

About the mediator

Tsisana Shamlikashvili Profile Pic

Tsisana Shamlikashvili is an International expert in Alternative Dispute Resolution, international mediator, lawyer, neurologist (academic degrees of MD, PhD) and psychologist. Professor of the Moscow State University of Psychology and Education, holder of the chair “Mediation in social practices”; academic and scientific supervisor of the Center for Mediation and ADR in legal practice of the Moscow State Academy of Law. Her major research... View Mediator