Mediation is a structured, voluntary way to help parties negotiate a solution with the assistance of an independent neutral. It is different from acting as one side’s lawyer and does not guarantee settlement or replace legal analysis where the parties need separate advice.
Short answer: mediation can be considered for eligible civil and business disputes when both sides are willing to negotiate. The mediator facilitates the discussion; the parties decide whether to reach an agreement and what it contains.
What mediation is under Russian law
Federal Law No. 193-FZ regulates mediation as an alternative procedure for resolving disputes with a mediator. It may be used in specified civil, business and related disputes, including disputes that are already before a court, subject to the limits in the law. The procedure is based on voluntary participation, confidentiality, cooperation, equality of the parties, and the mediator’s independence and impartiality.
Mediator and party representative are different roles
A mediator should remain neutral. A lawyer representing one side owes professional duties to that client and may advise on the client’s legal position. These roles should not be blurred within the same dispute: parties should understand whether a person is facilitating negotiations for everyone or providing legal advice to one participant.
When mediation may be useful
| Situation | Potential value | What to check |
|---|---|---|
| Ongoing commercial relationship | May help preserve a workable relationship while addressing the dispute. | Whether both sides are willing to negotiate and have authority to decide. |
| Family or property disagreement | May help the parties discuss practical arrangements confidentially. | Whether the dispute is within the legal scope of mediation and does not affect unrepresented third-party or public interests. |
| Case already in court | May support a negotiated settlement while proceedings are pending. | Procedural timing, court directions and the form of any settlement. |
| Highly technical legal dispute | Can clarify interests, but does not replace separate legal advice. | Each party’s legal position, evidence and decision-making authority. |
Mediation agreement
A mediation agreement is made in writing and should identify the parties, the subject of the dispute, the mediation procedure and mediator, and the agreed obligations, conditions and timing. Where mediation occurs after a dispute has been referred to a court or arbitral tribunal, an agreement may be approved as a settlement in accordance with the applicable procedural rules. The legal consequences depend on how and when it is concluded.
Before starting
- identify the dispute and every person whose rights may be affected;
- confirm that all decision-makers are willing to participate voluntarily;
- separate the neutral mediator’s role from any party’s legal adviser;
- agree how confidentiality, documents, costs and scheduling will be handled;
- obtain independent legal advice where the proposed terms create significant obligations.
Sources
- Federal Law No. 193-FZ, Article 1 — scope of the mediation law
- Mediation procedure and its application to eligible disputes
- Article 12 — mediation agreement
Considering a negotiated resolution? A lawyer can assess the legal position and help you decide whether negotiation, mediation or court procedure is appropriate for the dispute.