论法国在调解员的编制、控制和资格要求方面的经验

N. Ryzhov
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摘要

本文分析了法国调解员的法律地位及其对调解员活动的控制。在该国,密切注意规范调解员和为调解程序提供服务的协会的活动。为了确保调解员和调解组织的适当运作,设立了管制机构,以监测对调解员工作基本要求的遵守情况。为了发展和改进俄罗斯联邦的调解程序,使其成为替代性争端解决的最有效方式,本文分析了法兰西共和国的条例,以及专门组织对调解员的资格要求,以便将调解员列入法国上诉法院的调解员名单。在研究报告的第二部分,以委员会在消费领域管制调解员的工作为例讨论了对调解员的要求问题(Commission d' samatation et de contrôle de la samatation de la consomation)。分析结果显示,与俄罗斯有关调解问题的立法不同,法国对调解员的活动、义务和责任进行了严格的规定。对调解人进行明确的部门划分也很重要。这种做法使我们可以得出结论,共和国调解员高效率工作的条件已经形成,因为每一位专家除了接受过特殊的专业教育,包括法律教育外,还是产生争端领域的专家。这样安排调解员的工作似乎是很有道理的,因为申请调解员帮助的人相信,争端将在一名有证书的专家的帮助下解决,而不是在一个上过调解基本知识基本课程的人的帮助下解决。
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On the experience of France in the preparation, control and qualification requirements for mediators
The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators.  In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.
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