Annotation

The article is devoted to the study of the problem of unfair behavior of the parties in the mediation procedure, manifested in the strategic disclosure of evidence. The focus of the study is shifted to the tactics of the parties, who use the disclosure of evidence in the mediation procedure not to find a consensus, but to create asymmetry and gain tactical advantages in a possible future process. The contradictions between the principle of confidentiality of mediation and the need to prevent the abuse of procedural rights are considered. The article proposes a system of measures to counteract unfair behavior, including the development of criteria for assessing the good faith of the parties and mechanisms for procedural protection of rights from such abuse. Particular attention is paid to the issues of the relationship between the principles of good faith (Article 10 of the Civil Code of the Russian Federation), procedural equality of the parties (Article 8 of the Arbitration Procedure Code of the Russian Federation) and the confidentiality of mediation (Article 5 of the Law on Mediation). The article is of interest to judges, mediators, practicing lawyers and researchers.