Chief Editor's Note on Mediation in the Brics Countries

AuthorD. Maleshin
PositionLomonosov Moscow State University (Moscow, Russia)
Pages4-5
BRICS LAW JOURNAL Volume IV (2017) Issue 2
CHIEF EDIToR’S noTE on MEDIaTIon
In THE BRICS CounTRIES
DMITRY MALESHIN,
Lomonosov Moscow State University (Moscow, Russia)
DOI: 10.21684/2412-2343-2017-4-2-4-5
Recommended citation: Dmitry Maleshin, Chief Editor’s Note on Mediation in the
BRICS Countries, 4(2) BRICS Law Journal 4–5 (2017).
Mediation is a way to resolve disputes through a process that is an alternative
to court proceedings. It is strongly inuenced by the cultural particularities of
a country. There is a dierence in how mediation is realized in Western and non-
Western societies. In Europe and the United States, mediation has for some time
now been a part of the ocial program of civil justice organization and in both it is
supported by the state authorities. Mediation is seen as one of the measures that
assists in improving the dispute resolution system and easing the caseloads of the
courts. On the other hand, in non-Western societies mediation has been a way to
resolve disputes since far back in time before contemporary court systems were
introduced. It is a par t of their cultural tradition. The main dierence between the
two models is that while Western mediation is an additional option, non-Western
mediation is the original and most important way to resolve disputes.
In the BRICS countries, mediation has been a traditional way of resolving disputes
for many years. In addition to their historical experience of mediation, these countries
have introduced moder n measures to improve the realization of mediation in
a contemporary way. Here follows a brief summary of those measures.
The Brazilian Mediation Law was enacted in 2015. Together with the new Brazilian
Civil Procedure Code (2016) it regulates mediation in Brazil. There is judicial and non-
judicial mediation. The judge must recommend judicial mediation, preferably, in
disputes in which it is necessary to preserve or make good an interpersonal or social
relationship, or when the decisions of the parties entail material consequences for
third parties.

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