The Definition of “Judicial Mediation”: Approaches to the Interpretation of the Term

The article points out that there is uncertainty in the interpretation of the term “judicial mediation” in Russia, which continues to this day. The topic of expanding the scope of application and increasing the effectiveness of conciliation procedures in the civil process also remains relevant: new names for conciliation procedures with new content are proposed. When developing new conciliation institutions, it is also important to propose the correct name for the conciliation procedure. To do this, scientific arguments on the classification of conciliatory institutions should be taken into account. It should be taken into account that when the powers to regulate, organize, and conduct mediation are transferred to the jurisdiction of government agencies, this procedure becomes public. Depending on the jurisdictional body into which public mediation is integrated, it can be: notarial, judicial, administrative. With this classification, “judicial mediation” should be understood as mediation integrated into judicial activity, that is, one of the types of judicial activity. The content of the concept of “mediation” differs depending on the approaches to its interpretation: collective or exclusive. With a collective approach, “mediation” is considered as a conciliation procedure with the participation of a mediator. The paper concludes that with a collective approach to the concept of “mediation,” the institution of “judicial reconciliation,” created by Federal Law No. 197-FZ of July 26, 2019, can also be called the institution of “judicial mediation.” This conclusion is fair because, firstly: judicial reconciliation takes place with the participation of a mediator, and secondly: the jurisdiction of the court has the powers to regulate, organize, conduct judicial reconciliation, as well as to approve the results of reconciliation. Consideration of the term “judicial mediation” in an exclusive interpretation will be possible with the normative consolidation of the procedure and the institution of “judicial mediation”. Moreover, if this conciliation procedure is enshrined in law, then for the correct use of the term “judicial mediation” in an exclusive interpretation, it will have to be one of the types of conciliation activities in judicial activities.