Yarkova Elena
The article is devoted to the analysis of moral aspects of development of mediation as socio-legal institution. It is noted that the term “mediation” in various areas of research refers to different phenomena: in socio-legal research – to alternative trial procedure of settlement of disputes and conflicts; in cultural studies – to the logic of culture, which is focused on the synthesis of current opposition of meanings. It is proposed to synthesize different interpretations of the concept of “mediation” turning it into interdisciplinary one. It is argued that the development of socially legal institute of mediation depends on the formation of mediation as the logic of moral culture. The author defines the main objective of the study – the search for points of mediation’s growth as the logic of moral culture. Technology of the study involves methodology of ideal typing, comparative studies, and hermeneutics. The author distinguishes and analyzes three types of moral culture: traditional, utilitarian (elementary and advanced), and creative. The novelty of the study: it is established that the phenomenon of moral mediation begins in axiological space of advanced utilitarianism; prerequisites, catalysts, and mechanisms of its formation are explicated.
In conclusion, it is stated that the main cause of slowing up mediation practices in contemporary Russian society is “looping” its moral culture on elementary utilitarianism. The solution to this problem is the cultivation of harmony of private and public interests at all levels of Russian society.
Keywords: mediation, moral culture, traditionalism, elementary utilitarianism, developed utilitarianism, creativity.