On the experience of France in the preparation, control and qualification requirements for mediators

Abstract

The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators.  In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.