International Family Mediation State of Art and Experience in Russia Tsisana Shamlikashvili Founder of Center for Mediation and Law Head of Federal Institute of Mediation President of National Organization of Mediators Professor of Moscow State University for Psychology and Education ABA International Family Mediators’ Training, Washington D.C., November 9-13, 2015

Preconditions for development of family mediation in Russia 2010 Adoption of the 193 Federal Law “On Alternative Procedure of Dispute Resolution with Participation of a Mediator (Mediation Procedure)” 2011Russia’s accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction 2013 Russia’s accession to the 1996 Hague Convention on Hague Convention on Parental Responsibility and Protection of Children Federal Law “On Amendments to Some Legislative Acts of the Russian Federation in Connection with the Accession of the Russian Federation to the Convention on the Civil Aspects of International Child Abduction” (providing concentrated jurisdiction) © Center for Mediation and Law,

Timeline of development Since 2006 family mediation is starting to attract attention of experts and decision-makers 2007 first group of family mediators is trained at Center for Mediation and Law in cooperation with German, Austrian and UK family mediators Since 2008 relations are established with other leading European and US organizations in the sphere of familymediation and cross-border family mediation (MiKK, IKO etc.) 2011 Ministry of Education and Science is assigned the role ofCentral Authority for Hague Conventions 1980 and 1996 © Center for Mediation and Law,

Since 2010 Cooperation with Hague Conference on Private International Law Translation and publication in Russian of “Guide to Good Practice under the Hague Convention of 25 October Mediation” 2013 Federal Institute of Mediation is established under the auspices of the Ministry of Education and Science Since 2012 Cooperation with International Social Service Translation and distribution of ISS Monthly Review to the main actors in the field of child protection in Russia Publication in Russian of ISS “Resolving Family Conflicts. A Guide to International Family Mediation” Participation in “Crossborder Child Protection. International Conference & Seminar”, Geneva, Oct , 2015 and in Collaborative Process on Charter of Crossborder Family Mediation 2014 Participation in conference “Lawyers in Europe on Parental Child Abduction” (LEPCA), The Hague, May 7-10, Training of a group of international family mediator capable of doing mediations in English, French and German along with Russian Timeline of development © Center for Mediation and Law,

Training program of international family mediators Mediation. Basic Course (120 hours) Intercultural Aspects of Mediation (16 hours) Family Mediation (40 hours) Legal issues in realization of Hague Conventions, national family legislation on custody and guardianship (20 hours) Neuropsychological approach in work with children (24 hours) Supervision Practice © Center for Mediation and Law,

Lessons learned Practical experience in domestic cases and in mediations conducted in one’s native language is crucial before starting international practice Intercultural aspects should be taught more deeply and should be integrated into all the modules of the program Language skills need to be on a very high level If interpreter participates in mediation, it is best if he/she had at least basic training in mediation and understanding of its principles Necessity of tools and facilities to accommodate needs of the parties and help to overcome obstacles like distance and impossibility of being physically present at the same geographical location (development of ODR tools) Can (or should) mediator who consulted parties before they decided to participate in mediation continue to act as a mediator in this dispute? © Center for Mediation and Law, 2015

Lessons learned Co-mediation co-mediation in international family cases is in advantage co-mediators are preferably of different gender and professional background (legal and psychosocial) tight-knit team of mediators, who regularly work together, is an advantage assessment of risks if co-mediation is done by mediators who had no prior experience of working together understanding essence of mediation, role of a mediator and his/her goals - need to be collated by co-mediators © Center for Mediation and Law,

Agenda for the future Permanent efforts needed to grow awareness and educate about mediation and involve into cooperation all actors and stakeholders including legal professionals such as judges, lawyers, attorneys and bailiffs. Their close cooperation with mediators is needed. Close cooperation between different Central Authorities, between CA and mediators, CA and courts and all actors involved More active preventive campaign with participation of the community of international family mediators Necessity for a single reliable source of information on: international family mediators by country lawyers competent in international family law by country family lawyers resources (including information) helpful for parties in cross-border cases © Center for Mediation and Law,

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