Introduction of Mediation to Russia

[Kathryn Hendley]

What If You Build It and No One Comes? The Introduction of Mediation to Russia

Kathryn Hendley

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

August 31, 2012

Univ. of Wisconsin Legal Studies Research Paper No. 1203

Abstract:
Russia joined the community of countries where disputes can legally be diverted to mediation in early 2011. Russian court officials and judges were optimistic that mediation would alleviate the nagging problem of overloaded dockets. Initial experience has shown that Russian litigants are skeptical of mediation. The reasons are a complex mix of institutional disincentives and a lack of familiarity with alternative dispute resolution. The relatively low costs associated with going to court in Russia, measured in terms of money, time, and relational damage, have done little to encourage litigants to opt for mediation. The absence of a culture of negotiating and settling in advance of court judgments also contributes to the antipathy regarding mediation. Various proposals have been put forward in an effort to spur greater use of mediation.

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