Areas of concern in mediation as a way of corporate disputes settlement

Abstract

The purpose of the study involves systemic identification, generalization of the issues of legal regulation of the mediation procedure in corporate disputes settlement based on summarizing judicial practice, scientific research and the regulatory framework. The analysis of judicial practice, statistical data, scientific publications, as well as deduction and synthesis are the methodological basis of the research. The use of these methods made it possible to characterize the mechanism and advantages of using mediation in the settlement of corporate disputes; to identify problems in the application of the mediation procedure; to propose measures for improvement of the legal regulation of mediation, its application in corporate disputes in the Russian Federation. The research results obtained during the analysis of judicial practice and statutory instruments regulating the use of mediation in corporate disputes made it possible for the author to identify a number of problems and possible solutions to them, which are included in the author’s proposals and can be used to improve Russian legislation in terms of corporate disputes settlement using mediation procedures. Moreover, it was substantiated by the author that mediation as a tool for a quick disputes settlement, the preservation of partnership relations after using the mediation procedure will be used more often in the event of a change in Russian legislation. The scientific novelty of the study lies in determining the possibilities of mediation in corporate disputes settlement within the framework of Russian legislation and identification of existing gaps in such regulation.

Keywords

• corporate dispute
• mediation as an out-of-court method of dispute settlement
• settlement agreement
• independent mediation
• dispute resolution