Judges as Gatekeepers to Mediation: The Russian Case

In this Article, I investigate the role of judges in mediation in Russia. Using a mixed-methods approach that draws on my fieldwork in Russian courts as well as a 2013 survey of Russian judges, I explore their attitudes towards mediation and their willingness to recommend it to litigants. I use the survey data to inquire into the factors that tend to predict both their attitudes and behavior vis-avis mediation. The analysis reveals a remarkable division between judges' attitudes and their behavior.

The surveyed judges are generally enthusiastic about the introduction of mediation, but this enthusiasm is not always reflected in their behavior. Many are reluctant to recommend mediation, and only a handful have presided over cases in which the parties opted for mediation. For both judges and litigants, their lack of familiarity with the nuts and bolts of mediation constitutes a barrier to their willingness to try this alternative to litigation. Looking more broadly at mediation as an example of legal development, it serves as yet another lesson of the risk of implementing reforms before creating a demand for them among potential users.

Supplying new institutions, even when they have proven themselves elsewhere, may be necessary, but it is far from sufficient for success.