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Lessons From Russian Mediators

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Chapter Summary

In December 2009, the author of this chapter had the good fortune of traveling to Moscow, with Magistrate Judge Robert Levy, as guests of the Department of Justice Office of Prosecutorial Development and Training (OPDAT) and the State Department. In advance of their trip, they were asked to comment on a proposed Bill on Mediation that was supported by the Russian Chamber of Commerce and being submitted to the Duma. This chapter reports on the three elements of this trip: the Conference, the Commercial Mediation Training, and the Bill. In the conduct of mediation, the Bill prohibits the mediator from giving any party an advantage or from derogating the rights and interests of any party. It is interesting to consider at what point a neutral mediator who shares evaluative feedback might be perceived as crossing the line and derogating a party's rights.

Keywords: commercial mediation training; Duma; Magistrate Judge Robert Levy; mediation bill; Moscow; Russian Chamber of Commerce



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