ON COUNTERING THE ABUSE OF THE PROCEDURAL RIGHTS WHILE USING MEDIATION AS A CONCILIATION PROCEDURE

Last years in Russia many efforts are undertaken for the wide implementation of conciliation procedures. This institution has a great number of benefits. However, all of them could be neutralized by the party using mediation not in accordance with its goal. Thus, it is relevant to examine the specific type of abuse of the procedural rights – a dishonest use of the mediation procedure. Based on the essence of the abuse of law and on the legal practice, the authors consider possible forms of such an abuse. Taking into account these forms and roles of the participants in the emerging relations, they conclude that the counteraction to abuses should be carried out by the court and the mediator, who face the difficult task of establishing the abuse of the right. The article provides recommendations on identifying the studied misbehaviour. Further, the authors analyse the current legislation of the Russian Federation to show the judges and mediators specific ways to counter abuse when the parties use the mediation procedure. If detected in time, such behaviour can be prevented, but if this does not happen, the party that abused its right can be held liable.