CHEKULAEV SERGEY S.

The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant - the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non-legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.

The article is devoted to the problem of the concept of «corporation» in the law of Russia, China, Japan and the Republic of Korea. The history of the concept of «corporation» in the above-mentioned states is shown, the differences and similarities with the corporations of Russia are given. Also, the author pays attention to the types of legal entities, the problem of ambiguity of the criterion for the division of legal entities is touched upon. The authors compare the foreign experience with domestic legislation, give examples of commercial and non-commercial organizations, specify advantages and characteristics of corporate law in Russia. In addition, the reference is made to such regulatory legal acts as codes and special laws, clarifying concepts, types of legal entities, in general, regulating the activities of corporations in these countries. Proceeding from the features of the concept «corporation» in Russia, China, Japan and the Republic of Korea, it is concluded that there is an acute need for the most detailed settlement of concepts, types, and criteria for classifying certain corporations as commercial or noncommercial. The need for a similar legal regulation in the sphere of corporate law of the countries of Asian-Pacific Region is unambiguous.

The article deals with the mediation procedure in the corporate law. The concept of corporate conflict, its structure and the possible motivation of the entry of people in these conflicts are disclosed in the article. It also focuses on the difference between corporate conflicts and disputes, and their specificity is considered. These concepts are covered in detail in order to prove the feasibility of mediation use in resolving them. The procedure of mediation, methods and techniques of the mediator for working with corporate conflicts are also considered in the article. The advantages of this procedure as an alternative method of dispute resolution are noticed. Some references to the normative legal acts regulating the activity of the mediator are given. Mediation is analyzed as a multifunctional and universal phenomenon. Basing on these features of the mediation procedure it is possible to conclude that this procedure is convenient in practical application and has a number of positive properties. Its practical applicability is noted not only at domestic corporate level, but also at the international level. The aim of the article is to show that the sphere of corporate relations is the most fertile ground for the development of alternative, non-judicial ways of resolving conflicts. Corporate relations is the sphere of cooperation between the sides and arising disputes should be resolved with great precaution so that they would not lead to stagnation of the corporation as a whole.