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22/10/2024
Tuesday
THIS DAY IN HISTORY:
22 October 
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
22 October
1970 Joseph Brodsky received the Nobel Prize in Literature.
1970 The Pope overturned the verdict of 1633, condemning Galileo.
1970 Bankers' Panic or Knickerbocker Crisis.
THE LAW ON MEDIATION WAS DISCUSSED IN THE STATE DUMA
The LDPR faction held a round table in the State Duma on amendments to the Law on Mediation (193-FZ). The trade union community, together with the Ministry of Justice and representatives of the party, discussed, among other things, the creation of a unified register of mediators and a code of ethics, as well as educational requirements.
The professional community has been discussing the need for changes to the law for a long time. The main issues that cause heated discussions among mediators are related to the reconstruction of the mechanism of self-regulation in the field, the establishment of uniform standards for conducting procedures and ethical norms, the introduction of procedures for admission to and exit from the profession for mediators. And, of course, the most important task today is to identify the public authority authorized to develop and implement regulatory and legal regulation in the field.
Anton Benov, Deputy Director of the Department of Development and Regulation of Legal Aid and Legal Services of the Ministry of Justice, said at the round table that it is necessary to exclude the possibility of mediation on an unprofessional basis. In his opinion, it may be worth giving admission to the mediation procedure to mediator's assistants or interns.
The representative of the Ministry of Justice also stressed that uniform standards and rules of professional activity should be prescribed in the law.
Elena Rakovich, head of the Mediation Center at the Russian Union of Industrialists and Entrepreneurs (RSPP), in turn, drew attention to the fact that many mediators lack legal education does not allow them to fully inform the parties about the consequences of their actions. According to Rakovich, it is important to introduce a requirement for mediators to have a law degree. However, many representatives of the professional community did not support this initiative, noting that they did not see the need for this.
At the same time, Ruslan Artamonov, a member of the Commission for the Development of Arbitration and Other Alternative Methods of Dispute Resolution and Settlement of the Association of Lawyers of the Russian Federation, proposed to prohibit combining the status of a lawyer and a mediator. Most of the participants of the round table did not support such a proposal, noting that then one of the areas may lose competent professionals.
Vladimir Kuznetsov, chairman of the All-Russian Trade Union of Mediators, raised the issue of the age limit for mediators. He proposes to raise it from 25 to 30 years old. In addition, the lawyer believes that it is necessary to establish by law that a mediator can only carry out activities as a member of a Self-regulatory organization. He should be able to work individually only after 3 years of practice.
Despite the heated discussion of amendments to the Law on Mediation, all participants of the round table agreed that today the professional community clearly needs a unified register (in one format or another), an educational standard and a code of ethics. And, of course, in addition to this, it is very important to determine the government agency that will be authorized to regulate the sphere.
The professional community has been discussing the need for changes to the law for a long time. The main issues that cause heated discussions among mediators are related to the reconstruction of the mechanism of self-regulation in the field, the establishment of uniform standards for conducting procedures and ethical norms, the introduction of procedures for admission to and exit from the profession for mediators. And, of course, the most important task today is to identify the public authority authorized to develop and implement regulatory and legal regulation in the field.
Anton Benov, Deputy Director of the Department of Development and Regulation of Legal Aid and Legal Services of the Ministry of Justice, said at the round table that it is necessary to exclude the possibility of mediation on an unprofessional basis. In his opinion, it may be worth giving admission to the mediation procedure to mediator's assistants or interns.
The representative of the Ministry of Justice also stressed that uniform standards and rules of professional activity should be prescribed in the law.
Elena Rakovich, head of the Mediation Center at the Russian Union of Industrialists and Entrepreneurs (RSPP), in turn, drew attention to the fact that many mediators lack legal education does not allow them to fully inform the parties about the consequences of their actions. According to Rakovich, it is important to introduce a requirement for mediators to have a law degree. However, many representatives of the professional community did not support this initiative, noting that they did not see the need for this.
At the same time, Ruslan Artamonov, a member of the Commission for the Development of Arbitration and Other Alternative Methods of Dispute Resolution and Settlement of the Association of Lawyers of the Russian Federation, proposed to prohibit combining the status of a lawyer and a mediator. Most of the participants of the round table did not support such a proposal, noting that then one of the areas may lose competent professionals.
Vladimir Kuznetsov, chairman of the All-Russian Trade Union of Mediators, raised the issue of the age limit for mediators. He proposes to raise it from 25 to 30 years old. In addition, the lawyer believes that it is necessary to establish by law that a mediator can only carry out activities as a member of a Self-regulatory organization. He should be able to work individually only after 3 years of practice.
Despite the heated discussion of amendments to the Law on Mediation, all participants of the round table agreed that today the professional community clearly needs a unified register (in one format or another), an educational standard and a code of ethics. And, of course, in addition to this, it is very important to determine the government agency that will be authorized to regulate the sphere.
27.09.2024
