- Chairman of the Board of Mediators at the Chamber of Commerce and Industry of the Moscow Region, head of the Center for Settlement of Social Conflicts. (1

Annotation. The article reveals the problem of instrumental support for the activities of conflictologists and mediators. Various positions are revealed that consider the conflict in its subject content, which is difficult to agree with each other. The instrumental possibilities of mediation, the main limitations are shown. A critical analysis of the Federal Law on Mediation is given, problematic issues are formulated. A meaningful difference between a professional and an amateur is given. Recommendations are formulated.

Keywords. Conflict, mediation, amateur, professional, mediation law, conflictology, conflictologist, mediator.

Preamble.

The formation and development of professions / positions that are relatively new for the Russian society, such as a conflict expert and a mediator, forces the professional communities to comprehend and discuss the problems arising in their activities of different nature, including instrumental (conceptual).

These days, managers are faced with a difficult choice of tools that are most applicable for a successful exit from conflict. Violent conflict resolution technology rarely leads to conflict resolution. It can only temporarily postpone them, create the appearance of a resolution, in fact, aggravating and exacerbating the confrontation. People are unable to come to an agreement in a situation where even the very idea of ​​discussing a problem does not occur to them [Mediation ... 2008].

Based on the foregoing, the role of scientific and practical disciplines, focused on the development and application of conflict resolution tools, such as conflict management and mediation, is increasing.

In the literature on conflict management, you can find different roles / positions in conflict management activities, the functions of which both overlap and differ: lawyer, judge (arbiter), mediator (mediator), negotiator, conflictologist, psychologist, conflict manager.

Long-term discussions show that specialists whose activities are to one degree or another related to the management / resolution of conflicts do not have clear and understandable ideas about the role and place of each function in the process of conflict resolution.

Mediators consider themselves conflictologists, thus misleading people who do not particularly distinguish between the specific requirements of professional functions. Question " is the mediator a conflictologist? " did not appear out of pure curiosity. This question brings us to the field of instrumental support (training and requirements for professional standards) of both a conflict expert and a mediator.

Case analysis: problem statement.

On the next seminar on conflict management, one of the participants (a potential client) said that he had a conflict in the organization that he would like to resolve with the help of the experts in the field of practical conflict resolution gathered here. The seminar was attended by: mediators, psychologists, lawyers, sociologists, philosophers, conflictologists. The participant briefly spoke about the conflict and asked for advice on where to start first. We will not retell the content of the conflict, it is important for us to note how different functional positions responded to the question of “the beginning of the beginnings” - with what, first of all, one should start in “working” with the conflict.

Mediator: In order to pre-litigate the conflict and reach an agreement, it is required to involve a mediator.

Psychologist:We need to start with the analysis psychological problems in a team to provide psychological assistance.

Lawyer:You need to start by analyzing the legal framework and collecting legal facts that violate your rights of the conflicting parties.

Sociologist:It is necessary to spend sociological research(questionnaire) and identify real reasons conflict in the organization.

Conflict expert:First you need to spend primary diagnosis and conflict mapping to determine WHAT is the most important link (problem, subject, norm, etc.) in this conflict.

Different tips indicate at the same time both the specific toolkit of functional positions and their limitations. There is no doubt that between functional positions, communication is difficult, and issues of understanding and clarification take time. Like any applied, technological discipline, mediation has a pronounced interdisciplinary nature, combines several branches of knowledge [Aleshina A. V., Kosovskaya V. A. 2012]. (Scheme No. 1)

Scheme No. 1. Mediation as an area of ​​specialization in several disciplines.

In our opinion, questions about methodological, technological and subject-content differences are fundamental in the formation and development of mediation and conflictology in Russia as systemic disciplines.

Mediation: the possibilities of the toolkit and its main limitations.

The complication of the processes of interaction between the state and society carries with it the danger of actualizing potential conflicts, the danger of irreversible disorganization and even a catastrophe of the collapse of the state. It is the state that is the main mechanism that should be aimed at integrating society. In this regard, the state is a mediator, as an organizational embodiment of the integration of society, as its uniting backbone. Mediation (from Latin medius - occupying the middle between two points of view) is a procedure for reconciliation of conflicting parties by entering into voluntary negotiations with the help of a third party - a mediator (mediator) who assists in resolving the dispute.

On the questions of what is the main function of mediation, whether this function is identical to the state, etc. A. Akhiezer ponders, who believes that “ the mediator and the state are basically identical "[Akhiezer A.S. 1998: 99-101]. The logic of the author's reasoning is as follows. If the main function of the state is to preserve the integrity of the state, to create legal conditions for resolving conflicts between different social groups and institutions, then the main mediation task of the state is to integrate society and find a measure between conflicting forces. Solving the mediation problem means overcoming the contradictions between mass consciousness, that is, the culture that dominates society, or rather its mass basis, and the integration of society, its organizational form. The mediation task can also be performed by other social institutions, such as a party, church, trade unions, etc., potentially by the entire civil society, which is capable of reproducing the mechanism of society integration and agreements between conflicting parties.

Can be formulated strategic goal mediation and the main mediation task. The purpose of mediation is to form social environment to resolve all kinds of conflicts in society. The main mediation task is pre-trial resolution of conflicts.

Federal Law on Mediation: Problematic Issues.

In 2010, Russia adopted the Law “ On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure) "[Federal Law ... 2010]. This Law quite clearly, although not without flaws, regulates legal relations arising in connection with the implementation of mediation. In particular, it was established that the result of the mediation procedure is a mediation agreement, which is concluded in writing and must contain information about the parties, the subject of the dispute, the mediation procedure carried out, the mediator, as well as the obligations agreed by the parties, the conditions and terms of their implementation. The Russian government also approved the professional standard of a mediator [Order of the Ministry ... 2011].

An important point: the responsibility for reaching an agreement lies with the parties themselves, the mediator does not have the authority to solve problems, instead of the parties [Klechkin A.A. 2008: 138].

What is puzzling about the Law is Article 15. clause 1. "The activity of a mediator can be carried out both on a professional and non-professional basis".

And what is on a non-professional basis, it means on the basis of amateurism. There are meaningful distinctions between the amateur and the professional. (Table No. 1)

Table # 1... The main differences between an amateur and a professional.

Name	Lover	Professional
Goals	Headstrong and unconscious	Professional development
Tasks	Any according to your mood and desire	Professional, for solving specific problems: theoretical and practical
Tools(methods, approaches, knowledge, theory, etc.)	Not realized	Reflected and critically discussed in the professional community
Language	Free	Professional-conceptual
Motivation for action	Does what I like (I want to)	Does what the activity needs (due)
Professional education	Not required	Required
Professional standard requirement	Ignored, optional match	Conforms to the requirements of the professional standard
Professional control	NOT carried out	Implemented
Training	Not required	Required for certification and professional growth
Pay for labor	No	Payment in various forms as confirmation and recognition of the quality of professional work
Communication	No requirement	Restriction by the principles and norms of the professional ethical code

So, the Federal Law on mediation has made amateurs and professionals equal, who are equally entitled to engage in this activity. Amateurs should not be presented professional standards activities. Imagine a situation like this if it was about teaching at a university, school, treating patients, urban planning, an architect, etc. would be open access to amateurs, to engage in this activity at the state level.

In the understanding of the modern Russian legislator, a mediator is, in to a greater extent, a passive participant in the resolution of the conflict. And it is possible that with such an approach there is, of course, an internal logic, but here it is important to maintain a reasonable balance, which is nevertheless violated in the current Federal Law. So, in the literature there is a fairly fair proposal to expand the scope of the mediation procedure to issues of criminal law [Davydenko A.V. 2015: 15]. It also appears that many of the prohibitions for a mediator established by current legislation are inappropriate. But the most important prohibition that can make the entire mediation procedure meaningless is the prohibition to provide any party with legal, consulting or other assistance [R.A. Shamanova. 20014: 63]. The question arises as to whether it is possible to settle a legal dispute without applying the rule of law? The answer is obvious - impossible. This prohibition on the mediator's assistance (primarily legal) undermines all interest in mediation in general.

Mediation itself can be the subject of study of conflictology, since intervention in a conflict by a third party is always its exacerbation, in connection with the manifestation of the hidden, that which is rejected and not accepted by the conflicting parties. One cannot but agree with the remark of Russian researchers that the essence of any conflict is such that any outside interference increases the tension in it. Even in the case when a professional (conflictologist or mediator.) Intervenes in the conflict, this at the first stage contributes to its aggravation.

Conflictology: briefly about the general and the place of mediation in the conflict

Conflictology is a theoretical and practical science.

1) The theoretical level of conflict resolution deals with an object called "conflict", which assumes the presence of a reflexive distance between the researcher and the object of research. A developed scientific discipline should contain at least at least eight basic types of units, which include: empirical facts;

• means of expression (language of description, operational systems of mathematics, systems of concepts);
• methods (systems of methods, procedures for research work); ontological schemes depicting a model of an ideal situation; models representing private objects of research; knowledge combined into a system, theories;
• problems that are investigated by this scientific discipline;
• tasks of scientific research.

Between all these units-blocks there are relations and connections of reflexive display [Shchedrovitskiy G.P. 1995: 648-650]. Conflictology studies the nature of the conflict, causes, factors and other elements / processes / connections of the conflict, as an object of research / analysis / diagnosis.

(Mediation has nothing to do with such an object T).

2) In conflictology, there are three levels at which conflicts unfold: macro level, meso level and micro level. The classification of conflict levels is based on the territorial scale and boundaries of the conflict situation.

The scale and degree of escalation of the conflict show the number of participants involved in the conflict. How more people and states are involved in conflicts, the more powerful the weapons used in their fight, the greater danger all of humanity is exposed.

Micro-level, primary / local level unites intrapersonal, interpersonal and intergroup conflicts. The meso level unites conflicts between organizations and regions. Macro level - conflicts between states and a conflict of civilizations.

Judging by the works of domestic researchers, mediators in Russia work at the micro level.

It is important for a conflictologist to use professional means in order to:

• recognize the conflict in the early stages;
• identify problems and contradictions;
• contribute to the actualization of constructive processes in the conflict;
• simulate the development of a conflict;
• identify destructive and constructive processes in the conflict;
• to develop a technology for localizing destructive forms of conflict interaction.

(For mediation tasks, the above tools for dealing with conflict are not needed.).

5) The conflict situation includes three stages: pre-conflict, conflict development and post-conflict situation. Mediation is in demand only after the second stage (post-conflict situation), when the conflict has already acquired clear guidelines, forms and processes. The rest of the stages are not in the field of view of the mediators. This means that the main toolkit of a mediator is negotiation technologies.

Summary.

Thus, the methodological analysis shows that the funds of mediators are a small part of conflict management, which is in demand at the stage of a post-conflict situation with the involvement of negotiation technologies ...

In our opinion, a wide professional discussion the following questions:

1. Making adjustments to the Law on Mediation in terms of restrictions and opportunities for interaction with other functional positions in the process of resolving conflicts and disputes in the pre-trial order.
2. Discussion curriculum training mediators in the context of practical conflict management.

Conflict management requires the choice of a specific conflictological toolkit, which is most applicable not only for a rational / effective / successful exit from the conflict, but also for solving problems in the system of activities.

Bibliography

Aleshina A.V., Kosovskaya V.A. Mediation as a result of the interaction of conflictology and jurisprudence // Society. Wednesday. Development (Terra Humana). # 2. 2012.

Akhiezer A.S. Russia: Criticism historical experience: From the past to the future. T. II. Sociocultural Dictionary / 2nd ed., Revised. and add. - Novosibirsk: "Siberian Chronograph", 1998. - 600 p.

Davydenko A.V. Relevance of application in Russian Federation Institute of Mediation // Russian Judge. 2015. No. 2. P. 15.

A.A. Klechkin Theoretical and legal aspect of mediation of a legal conflict // History of State and Law. 2008. No. 9.

Mediation- to understand, accept and apply (interview with A.D. Karpenko) // Bulletin Arbitration court the city of Moscow. 2008. No. 5.

Order of the Ministry of Education and Science RF of 02/14/2011 No. 187 "On the approval of the training program for mediators" // Rossiyskaya Gazeta. No. 60. 03/23/2011 .;

Professional standard mediator APPROVED by the Order of the Ministry of Labor and social protection Of the Russian Federation dated December 15, 2014 No. 1041n

the federal law from 27.07.2010 No. 193-FZ "On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)" // Rossiyskaya Gazeta. No. 168. 30.07.2010.

Shamanova R.A. Some problems of the implementation of mediation in Russia // Questions of Russian and international law... 2014.No. 8 - 9.P. 63.

G.P. Shchedrovitsky Selected Works. M .: School of cultural policy, 1995.800 p.

(Tsoi L.N., Ivanov O.B. Mediation and Conflictology: Methodological and Substantive Differences // Vlast Magazine. No. 10 (2016) p. 69-75 (Abstract journal, VAK).)

Mediation as a way of resolving conflicts is actively used in the international community, but in Russia, despite the availability of the necessary legal instruments, it is not in great demand. In this article, we will consider in detail how this conciliation procedure is carried out and what are the problems of its application.

Mediation is a non-jurisdictional form of protection

Mediation refers to non-jurisdictional forms of protection of rights, that is, it is a way of resolving conflicts with the participation of an independent person - a mediator, without going to courts or administrative authorities. The essence lies in the parties' independent settlement of the dispute, and in such a way that there are no losers. We are looking for a solution that satisfies everyone, not a compromise option. The mediator, using his experience and knowledge, provides a constructive dialogue, creates conditions for mutual understanding between the parties to the conflict (hereinafter referred to as the participants).

IMPORTANT! Mediation is allowed from the moment a dispute arises until a decision is made by the court. It is required if it is not specified in the contract or additional agreement as a way pre-trial settlement... Otherwise, non-compliance with the procedure will serve as the basis for returning the claim, and if the case is initiated, for leaving it without consideration.

Conciliation procedures

Conciliation procedures are different kinds mediation and assistance in resolving disputes:

• negotiation;
• cooperation;
• consideration by an arbitration court;
• mediation.

All of them have one goal - to provide conditions for the settlement of the conflict. Mediation differs from other types in that it is carried out with the involvement of a third party who is not an expert in legal matters, moreover, who does not have the right to advise participants.

Positive aspects of this conciliatory mechanism:

• confidentiality;
• security (it is always possible to transfer dispute resolution to court);
• gratuitousness (the law allows you to use the services of an intermediary without paying them);
• efficiency (the goal of the mediator is to ensure that an agreement is reached, the judge is to resolve the dispute in accordance with the law);
• universality (allows you to go beyond the legal framework of the dispute, fully assessing the relations of the participants and settling them in one document);
• speed (takes less time than legal proceedings).

Mediation as a legal institution in Russia

Mediation in Russia effective from 01.01.2011, namely from the date of entry into force of the Federal Law "On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)" dated July 27, 2010 No. 193-FZ (hereinafter - Law No. 193-FZ). However, it is used infrequently, mainly due to problems associated with gaps and conflicts of laws, as well as a lack of proper information to the public.

The main disadvantages of the institute:

1. There is no possibility of compulsory execution of a mediation agreement concluded at the stage of pre-trial settlement.
2. The agreement is recognized as a civil law transaction and is executed on the basis of voluntariness, good faith (part 4 of article 12 of Law No. 193-FZ). It should be borne in mind that a judicial mediation agreement can be formalized as an amicable one (part 3 of article 12 of Law No. 193-FZ) and the protection of the rights arising from it takes place in a different order (for more details, see the article “How can it be an amicable agreement concluded in 2015? ").
3. The law does not provide for the obligation of the court to approve the mediation agreement as a settlement agreement. Moreover, according to Art. 39 Civil procedural code RF, Ch. 15 of the Arbitration Procedure Code of the Russian Federation, Art. 32 FZ "On Arbitration Courts in the Russian Federation" dated 24.07.2002 No. 102-FZ, an amicable agreement is mandatory for approval, if it does not contradict the law.
4. The mediator is prohibited from providing assistance to the parties to the conflict, including legal assistance.
5. The mediator does not need to have legal education(Articles 15, 16 of Law No. 193-FZ).
6. In the process of implementation, it is necessary to issue in writing 3 agreements (on application, conduct and mediation).

What mediators have the right to do

Mediators have the right:

• solve organizational issues;
• receive remuneration for the provision of services, unless otherwise provided by the agreement;
• disclose information provided by one participant to another, if there is the consent of the transferor;
• make proposals for the settlement of the dispute, if the parties have provided for such a right in the mediation agreement;
• to terminate the procedure at any time if it is inexpedient (and the inexpediency is determined at their discretion, since the law does not disclose this term);
• be members of a self-regulatory organization;
• carry out any other activity not prohibited by the legislation of the Russian Federation in accordance with the law.

For more details, see Law No. 193-FZ (Articles 6, 10, Part 4 and 5, Article 11, Part 4, Article 15).

What disputes can mediation be applicable to?

Mediation can be applied to civil law (including those arising from economic and entrepreneurial activity), family and labor conflicts. However, its use is impossible with the permission of collective labor disputes, as well as disputes where the rights of third parties and public interests are affected. It is not known exactly what the legislator means by public interests, since this concept, being quite broad, is not disclosed in any normative acts.

Currently, the possibility of introducing the institution under consideration into administrative, enforcement proceedings, etc. is being discussed. Mediation is not provided for in the criminal law of Russia, with the exception of short stories concerning minors (see below for more details).

Application this method settlement of a dispute is impossible when it directly follows from the norms of the law (for example, when a person is declared incapacitated, deceased).

IMPORTANT! The use of mediation suspends the course of the term limitation period(part 3 of article 202 of the Civil Code of the Russian Federation).

What are the principles of mediation?

Mediation is based on principles such as:

• mutual expression of the will of the parties;
• voluntariness;
• confidentiality;
• cooperation;
• equality of the parties;
• impartiality;
• independence of the mediator.

Here is an example of the direct action of the norms on the principles of mediation. Thus, the 18th Arbitration Court of Appeal, in its decision of 10/17/2014 in case No. 18AP-10760/2014, recognized the refusal to provide the defendant with time to conduct mediation, since its implementation is based on the principles of reciprocity and voluntariness, and the plaintiff did not express.

Types of mediation

Types of mediation officially in Russian legislation not secured. Theorists divide it into pre-trial and judicial.

There are the following types of this conciliatory mechanism:

• oriented (priority is goals, not attitude to the conflict);
• transformative (the priority is to hear the other side);
• narrative (participants state their point of view regarding the dispute);
• ecosystem (used to resolve family problems);
• evaluative (the mediator evaluates the conflict);
• restorative (based on understanding).

Intermediaries can combine several of the above types in the process of providing services.

At the international level, one can distinguish the following types(based on the scope of conflict resolution):

• commercial (more profitable than courts due to shorter terms of dispute resolution and more effective, since the mediator is a narrow-profile specialist);
• family (a more delicate approach to family problems taking into account the psychological aspect);
• public (specializing in the reconciliation of collectives, society, the state);
• criminal.

Mediation service

The mediation service has little to do with the contractual procedure for resolving a civil dispute. This is a planned network of institutions that will focus on child advocacy, restorative child crime justice and conflict resolution. That is, in this case, the purpose of mediation is to teach children conflict management, which should help in the fight against children's attempts to resolve the dispute by committing a tort.

This service should be developed in Russia by 2017 in accordance with the order of the Government of the Russian Federation dated July 30, 2014 No. 1430-r. This document approved the Concept for the development of a network of mediation services in order to implement justice in relation to children, including those who have committed socially dangerous acts, but have not reached the age of criminal responsibility. This Concept is aimed at creating conditions for the full development and socialization of children, including difficult (from dysfunctional families committed crimes, etc.).

The mediation services network is structured as follows:

• Superior Federal center mediation and restorative justice development.
• Subordinate mediation services at regional and local levels. They are represented by the secretaries of the commissions for the affairs of minors and the protection of their rights and by the teaching staff.

V recent times the school mediation service is actively developing.

The essence of mediation is to conduct negotiations between conflicting parties with the participation of a neutral mediator, who provides an opportunity to resolve the relationship. This procedure does not have independent contractual or compulsory means of implementation. Its result is a mediation agreement, which, depending on the stage of its achievement, is a civil law transaction or an amicable agreement.

The mediation procedure is extremely difficult and is not yet highly developed in Russia. However, it has great potential. It is worth noting that the term “mediation” is also applied to the country's system of restorative justice for child crime.

Almost everyone knows from their own experience what an interpersonal conflict is, but few people know all the ways to resolve conflicts in the family (with parents and children, with a husband or wife, with the older generation), at school, at work (with bosses, subordinates, colleagues ), in society, in a team, in business (with partners) ...

Do not forget about the most common, intrapersonal conflict, i.e. when a person has a confrontation of desires, interests, stereotypes and opportunities inside - this conflict between different “I” of a person leads to psychological disorders. And in this context, the mediation procedure is the help of a psychologist, who here is a mediator on the way to resolving the conflict.

Today, on the site, you will learn what interpersonal conflicts are, you can read the main ways of resolving conflicts, take tests for conflict and aggressiveness, and most importantly, you will understand what a mediation procedure is - involving a mediator to resolve a dispute and conflict of any complexity, as in loved ones , love and family relationships and in social - at work, in a team, in business ...

Interpersonal conflicts

Let's look briefly at what conflicts there are in interpersonal relationships.

Common types of conflicts:

1. Intrapersonal (when internal interests, desires, opportunities and needs conflict with each other in a person's head)
2. Interpersonal (conflict of one person with another, due to the difference of interests, views, goals ...)
3. Between an individual and a group (rejection as an individual foundations and rules of a separate social group,
   and vice versa - the group does not accept the position of its individual member)
4. Intergroup (conflicts between communities, nations, ethnic groups, confessions, races, political parties, states, etc.)
5. Conflict with external environment, with the world (with the norms of culture, society, laws, orders, traditions, etc.)

Five strategies of behavior in interpersonal conflict:

1. Adaptation (one side agrees on everything with the other, but has its own opinion, which is afraid to express)
2. Avoidance (avoiding a conflict situation)
3. Compromise (a solution acceptable to both parties through mutual concessions)
4. Rivalry (active opposition to the other side, up to aggression)
5. Cooperation (discussion and implementation of a mutually beneficial solution, such as "Do not you are against me, but we are together against the problem")

Mediation procedure as a means of resolving conflicts

What is and how the mediation procedure takes place, as a way of resolving conflicts - let's take a closer look:

Mediation- this is very effective method conflict resolution, dispute settlement, with the involvement of a third independent, neutral, impartial and disinterested party in a particular dispute - a mediator (mediator).

Anyone can be used as a mediator. individual, which is a kind of authority for the conflicting parties, due to their profession, experience, knowledge (for example, a psychologist, a lawyer, a doctor ..., an expert in any field).

In the field of legal relations of citizens, the mediation procedure is regulated by the Federal Law of 27.07.2010. No. 193-FZ "On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)", which entered into force on 1.01.2011.

This is instead of a long-term and exhausting litigation procedure for the parties' claims.

In the field of providing psychological assistance(psychology of relationships) the role of a mediator (mediator) in the settlement interpersonal conflicts(in the family, at work, in society) is played by a psychologist, psychotherapist or psychoanalyst, as well as a specialist with psychological education helps to solve the intrapersonal conflict, acting as an arbiter, ("Rational I") in the conflict between desire ("Emotional I", living according to the principle - I want, do not want) and preconceived beliefs ("Stereotypical I", living according to the principle - must, must, cannot) client.

The ultimate goal of the mediation procedure - in both areas - is to help people come to cooperation or compromise, thereby regulating conflict situation.

The same is with intrapersonal conflict - disharmony of the soul - the goal of the psychologist is to create conditions for spiritual harmony, so that all ego-states of a person exist in cooperation with each other, because the conflict between them leads a person to neuropsychiatric disorders, depression, phobias, neuroses and psychosis - which in general threatens to disrupt relationships and interactions of people and interpersonal conflicts.

How is a mediator (mediator) useful in resolving conflicts?

So, what is the use of an external mediator in resolving conflicts?
Because the conflict itself is inherently a clash of different interests, views, points of view ..., and confrontation, confrontation between two parties, each of which wants to prove its case, then the involvement of a third-party mediator and the mediation procedure itself is the most in a productive way resolving disputes and resolving conflicts.

A mediator (an involved mediator) is a person who is not interested in the victory of one of the parties - for him, both parties are equal, and his goal is to conduct a dialogue and, as it were, an independent arbitrator, bring the conflicting parties to cooperation (at worst, to a compromise) - that's how the mediator (mediator) is useful in resolving conflicts.

Online mediation: Help of a family psychologist in resolving conflicts, disputes with a husband or wife, with parents and children, with a mother-in-law and mother-in-law - solving intrapersonal conflicts

Mediation (from Lat. Mediatio) - mediation. Throughout the world, mediation is one of the most popular forms of dispute resolution. Mediation allows you to avoid wasting time in court proceedings, additional and unpredictable costs, the mediation process is private and confidential. Mediation is a process in which a neutral third party, the mediator, helps resolve a conflict by facilitating a voluntary agreement (or “self-determination”) between conflicting parties. The mediator facilitates the process of communication between the parties, understanding positions and interests, focuses the parties on their interests and seeks a productive solution to the problem, allowing the parties to come to their own agreement.
The purpose of mediation is to achieve an end to the conflict by finding a compromise between its opponents.
The role of the mediator is the role of the authoritative assistant called upon by the parties to the conflict to resolve the problem. This role can be played by both individuals and organizations and states. An important feature of the mediator is his authority, recognized by both parties to the conflict. Therefore, only people or organizations who are chosen by both parties to the conflict can act as a mediator. In this case, both officials and organizations, and unofficial ones can act as an intermediary. Such intermediaries at the most different levels and in the very different quality can be: magicians, sorcerers, elders, thieves in law, clergy, prominent cultural figures, statesmen, international organizations type UN, etc.
It is necessary to highlight the following principles of mediation.
1. Impartiality. The mediator must conduct mediation in an impartial and fair manner. The idea of ​​the mediator's impartiality is central to the mediation process. A mediator should mediate only those cases in which he can remain impartial and fair. At any time, if the mediator is unable to conduct the process in an impartial manner, he is obliged to terminate the mediation. The mediator should avoid behavior that would give rise to feelings of bias towards the other party. The quality of the mediation process is enhanced when the parties have confidence in the mediator's impartiality. When a mediator is appointed by a court or other institution, that organization should make reasonable efforts to ensure the impartiality of the mediator's services. The mediator should beware of bias or bias based on personal characteristics parties, their social origin or behavior in mediation.
Back side impartiality is a lack of interest in a conflict. The mediator must disclose all existing or potential self-interests in the conflict, to one degree or another known to him. After finding such, the mediator must refuse mediation or obtain the consent of the parties to conduct it. The need to protect against the mediator's bias in a conflict can also influence the behavior of the parties during and after mediation. The mediator's interest in the conflict creates a deal or relationship that can create the impression of bias. The main approach to the question of the mediator's interest in the conflict is consistent with the concept of self-determination. The mediator is responsible for disclosing any existing or potential conflicts that are more or less familiar to him and which may give rise to a question of impartiality. If all parties agree to mediation after being informed of the conflict, the mediator may continue mediation.
However, if the interest in the conflict raises a number of doubts about the integrity of the process, the mediator should abandon the process. The mediator should avoid taking an interest in the conflict both during and after mediation. Without the consent of all parties, the mediator should not subsequently establish a professional relationship with one of the parties in a pertinent or unrelated matter, provided this would raise legitimate questions of the integrity of the mediation process.
2. Confidentiality. The mediator must ensure that the parties have reasonable expectations regarding confidentiality. Confidentiality depends on the circumstances of the mediation and any agreement the parties arrive at. The mediator should not disclose the course and results of the mediation, if it is not authorized by all parties or if it is not required by law. In relation to confidentiality, the parties can develop their own rules, or agree in advance with the mediator, or act on the basis of already existing certain rules. Since the guarantee of confidentiality is important for the parties, the mediator should discuss it with the conflicting parties. If the mediator holds private meetings with the parties, the content of such meetings from the point of view of confidentiality must be discussed with all parties in advance. In order to protect the integrity of the mediation process, the mediator should avoid disclosing to anyone the conduct of the parties during the mediation process, the quality of the case, or proposed solutions. If it is necessary, the mediator can inform about the reason for the absence of one of the parties. If the parties have agreed that all or part of the information revealed during the mediation process is confidential, such agreement of the parties should be binding for the mediator.
Confidentiality cannot be construed as limiting or prohibiting monitoring, Scientific research or evaluating mediation programs responsible people... Under appropriate circumstances, researchers may be allowed access to statistical data and, with the permission of the parties, to registered cases, attendance at the mediation process, and interviews with mediation participants.
3. Voluntariness. The mediation procedure is purely voluntary. Nobody can force the parties to use mediation, or even try to do it. Mediation is a voluntary process based on the desire of the parties to reach an honest and fair agreement. Voluntariness is expressed in the fact that neither party can be forced to participate in mediation; exit the process at any stage or continue mediation is a personal matter for each participant; consent with the result of the mediation process is also purely voluntary; the parties themselves control their future, and are not subject to the control of a third party such as judges or arbitrators, who, of course, do not have complete information and ideas about all the facts and background of the parties and the dispute; the services of one or another mediator at some part of the process or during the entire procedure are also voluntarily accepted by both parties.
In principle, anyone can act as a mediator. However, there are groups of people who, due to their status, belong to official mediators, unofficial mediators, spontaneous mediators (Fig. 5).
It should be noted that if “spontaneous mediators” act as a mediator, then in this case one cannot speak of professional assistance.
There are five types of mediators (in terms of mediation style):
1) "arbitrator" - has the maximum ability to solve the problem, studies the problem comprehensively, and his decision is not appealed;
2) "arbitrator" - the same thing, but the parties may disagree with his decision and turn to another;
3) "mediator" (neutral role) - has special knowledge and provides a constructive resolution of the conflict, but the final decision belongs to the opponents;

4) "assistant" - organizes a meeting, but does not participate in the discussion;
5) "observer" - by his presence in the conflict zone softens its course.
The first two types are called highly authoritative. They are beneficial when a quick solution is required. If the conflict is not too tense, the last three methods are preferred.
There are the following tactics for the influence of the mediator on the parties.
1. Tactics of alternate listening - is used to clarify the situation and listen to proposals in a period of acute conflict, when the separation of the parties is impossible.
2. Directive influence - focusing on weak points in the positions of opponents. The goal is to induce reconciliation.
3. Deal - The mediator seeks to negotiate with both parties.
4. Pressure on one of the opponents - the mediator proves to one of the opponents that his position is wrong.
5. Shuttle diplomacy - the mediator separates the conflicting parties and constantly runs between them, coordinating their decisions.
The mediation process breaks down into a number of stages using characteristic techniques.
Stage 1 - Building structure and trust. This stage lays the foundation for the relationship that will be observed throughout the mediation process. The mediator must spend significant amount time and effort to make the mediation process understandable and acceptable to the participants.
Stage 2 - Analysis of facts and identification of problems. In order for an acceptable solution to be made, all participants must have an equal amount of information and a good understanding of the actual problems. Therefore, the second stage of the mediation process is aimed at analyzing significant facts and identifying such problems. After all, in order to resolve a conflict, you first need to be well aware of it. It should be noted that this process partially begins already at the first stage of mediation. The task of the mediator at the second stage is to identify all the existing problems, since most conflicts are known to be complex in nature. Moreover, it is necessary to achieve not only personal opinions about certain problems, but also joint understanding and formulation of the essence of the conflict by the participants.
Stage 3 - Search for alternatives. This stage aims to answer the question: "How can you do what you want to do with the greatest effect?" All participants are involved in the search for an answer. It should be understood that, despite the abundance of problems identified and recorded by the mediator to this moment, the key decision, perhaps, lies only in one or a few basic ones. They need to be identified first. After reviewing all the problems and identifying the main ones among them, the mediator invites the participants to comment on ways to solve them and fixes the statements. Then the next step is taken - the analysis of proposals for their compliance with certain criteria.
Stage 4 - Negotiation and decision making. The main task of this stage is the cooperation of the participants, aiming them at joint work... In order to achieve this goal, it is useful to start a dialogue between the parties with the least significant issues, and then focus on those even small compromises that have been reached within the framework of such a dialogue. In the case when the conversation nevertheless begins with major problems and proposals for their resolution, it is important, as a positive factor, to pay attention to the fact that the participants agreed to discuss even those problems on which a high degree of intransigence previously existed. One more thing should be remembered: too long a list of proposals for discussion and choice in some cases makes it difficult to make a decision and, therefore, should be shortened as much as possible.
Stage 5 - Drawing up the final document. The function of this stage is the production of a document (plan or agreement) in which the decisions made by the participants, their current intentions and options for future behavior would be clearly stated. What is the mediator doing at this stage? He organizes the drawing up of the plan, clarifies the wording, records the decisions made and stimulates the introduction of points into the final document that would indicate the possibility of correcting it in the event of certain changes. In the process of developing an acceptable agreement, it is worth remembering that it is advisable to start the path to it with the easiest questions. Their solution has a positive psychological effect on the negotiators and demonstrates the fundamental possibility of reaching agreements. This technique has the same positive effect on public opinion.
Stage 6 - Legal Procedure and Agreement Approval. It quite often happens that a conflict between the parties affects their external environment, and the adopted agreement or plan needs to be institutionalized, which implies legal support and approval (ratification) by the responsible authorities: committees and commissions of representative bodies of power, executive structures, courts, etc. Thus, the mediation session should determine which mechanisms will ensure the fastest and most effective ratification. adopted document what representatives of the parties will be engaged in this and what resources will be required for this.
Stage 7 - Implementation, revision and amendment of the agreement. When the parties begin to work in accordance with the agreements reached, the clauses of these agreements may be rethought, the situation may change. Unforeseen (force majeure) circumstances may arise. In all these cases, it will be better if the parties do not confine themselves to a spontaneous reaction, but foresee in advance the possibility of new meetings, agreements and discussions. These meetings will be mini-sessions with the stages listed above. Since the parties have already gained some experience of participating in the mediation process, new sessions will take significantly less time than previous ones. It should be emphasized that stages 6 and 7 may be absent altogether (if the adopted agreement exhausts the problem and concerns only the participants in mediation) or be carried out by the parties independently, without the participation of an intermediary.
Thus, mediation is the process of resolving a dispute between two conflicting parties with the participation of a third neutral party. As an alternative to the court procedure and other forceful methods of proceedings, mediation has a number of advantages, the most important of which is that the resolution of the dispute is achieved by making the parties a decision on a voluntary and equal basis, equally satisfying all interested parties, so that the interests of all parties to the dispute could be satisfied.

Methodist of St. Petersburg State Budgetary Institution "Teenage and Youth Leisure Center" Frunzensky "of the Administration of the Frunzensky District of St. Petersburg, Ph.D. in Philology, Associate Professor. Participant (with a report) of a number of city and international conferences and forums on youth career guidance, coordinator of the First Youth Patriotic Forum of the Frunzensky District SPb "Patriotism: modern challenges of the future" (04/27/2018) and an educational volunteer forum (April 12-13, 2018, Repino). Participant (with a report) of the International St. Petersburg Cultural Forum (November 2017) Author of a number of youth programs and projects - on summer employment, on volunteering, on the prevention of risky behavior among minors.

Expert: in the field of philology, communication, youth policy

Mediation as new technology communication. What is written in the Federal Law, where and how to apply it in practice. An example of school mediation.

The introduction of mediation technologies in work with conflict situations, primarily in adolescents youth environment, for more than twenty years in Russia directly depended solely on the initiative of individual specialists and leaders.

The adoption of the federal law of 27.07.2010 No. 193-FZ "On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)", which regulates the use of mediation technology for resolving conflict situations, has become revolutionary in the development of mediation in our country.

Purpose of the law

This is especially relevant and, all the more, promising in a situation of resolution as controversial issues and acute conflicts in the youth environment, followed by their analysis and methodological description.

Minors and youth- a vulnerable category for the emergence of acute conflict situations provoked by omissions with parents, misunderstanding at school, disagreement among friends.

These weighty factors cause not only a lock on oneself, but also the adolescent's “withdrawal” from reality and his “exit” in the form of antisocial behavior.

What is mediation

Mediation- this is one of the technologies for resolving disputes (or a conflict situation) with the participation of a third party (mediator) who is not interested in this conflict, but helps to develop a certain agreement on the dispute, fully controlling the decision-making process for resolving the dispute and the conditions for its resolution.

Basic principles of mediation sessions

• confidentiality of information revealed by the mediator,
• neutrality of the mediator's position,
• equality of the parties during the mediation session
• and, of course, voluntary participation in it.

Effectiveness (mediaability) of disputes

Mediation is possible when the parties want to resolve the conflict and when it is necessary to restore relations between people who want to interact in the future. It is not possible to conduct a mediation session if the parties do not want to resolve a conflict situation when one of the parties is incapacitated (for example, dependence on drugs, psychoactive substances, alcohol), if the topic of mediation can cause mental trauma to the mediator himself, in criminal conflicts, when working with loved ones.

According to the Law, there are certain restrictions on the procedure.

The mediation process consists of several stages:

* Introduction to the mediation process, introductory remarks by the mediator - lasts quite a long time, about 15-20 minutes. Such a long and standard procedure usually seems unnecessary for beginner mediators, and they try to shorten it. Experience shows that shortening the introductory procedure usually leads to dramatic increase time, and even to the disruption of the entire mediation process.

* Presentation of the parties, when each of the parties represents the essence of the conflict that occurred - during the presentation and retelling, the mediator does not make any assessments, does not interpret anything, allowing himself only to structure the presentation. The retelling ends with standard questions like:

Did I understand you correctly?

Am I missing anything significant?

* Discussion, in which the parties develop issues for discussion in negotiations;

* Caucus, which includes individual work mediator from each side - the mediator tries to identify points of convergence or direct intersection of the positions and interests of the parties;

* General session - discussion on the development of proposals;

* Preparation of a draft agreement;

* Exit from mediation - satisfaction with the mediation of the conflicting parties.

Functions of a mediator

1. With all of the above, the mediator performs the function of an impartial organizer of the ongoing process, an active listener, constantly analyzing the conflict and checking for realism.
2. During the session, expanding resources and teaching negotiation, he is obliged to maintain a psychological climate throughout the session and, summing up the work, help the parties in drawing up a final agreement (or "list of promises"), which the parties declare in writing and be sure to indicate that each the party will or will not do so that the conflict is finally settled.

For our country, mediation is new, alternative method, settlement of disputes and conflicts, which, firstly, became the subject of discussion among lawyers, and then, acquiring more and more supporters, ready and able to apply it in various social spheres.

Example of school mediation

The subject of the conflict between the teacher / teacher and the parent was the question of the teacher's prejudiced attitude towards one of the students in the graduating class. The parent was outraged that the teacher called her to talk to school because of the poor progress of her son. She was sure that her child was obliged to bring home only fives and fours, and since he was given three and two, then the subject teacher was to blame.

The teacher suggested resolving the conflict through mediation.

At the same time, the mediator was not a psychologist or a lawyer, but a parent from a parallel class.

The mediation took three hours. However, it was possible to resolve the conflict, observing all stages of mediation, “echo-repetition” by the mediator of what he heard and the mediator finding the common desire between the conflicting ones.

In this case, the requirements were different, but, as a rule, both participants agreed that their main task was to act not in their own interests, but in the interests of the child. This became the foundation for future agreements.

Two weeks later, the facilitator checked whether the parties really comply with the agreement and whether further assistance is needed (from a psychologist, a lawyer, etc.)?

Mediation is necessary for people who are ready to use new technologies in communication, moving away from the usual, stereotypical formulas of everyday life. This is an effective tool that will allow the interaction between the subjects to continue without compromising their interests and, at the same time, without losing their face. Realizing social significance integrating innovative methods, we must understand that this approach is very important in the process of raising children, adolescents and youth.

1. portal "Mediation in Education" - cases, algorithms, audio-video materials for mediation.
2. Reader of alternative dispute resolution - the experience of domestic colleagues is presented. And not only in the field of education.
3. Center for Mediation and Law - can be trained in several programs, including "School Mediation"
4. SPB GBU “City Center for Social Programs and Prevention of Asocial Phenomena Among Youth“ CONTACT ”- useful information, news, training.