About MediationTraining of MediatorsRegional MediationCourts Mediation in RussiaAbout Mediation Resource Center

About Mediation Resource Center

About Mediation

Training of Mediators

Regional Mediation

Mediation in CIS Countries

Republic of Belarus

 

As for today the Republic of Belarus lacks a law similar to Russia’s Federal Law “On the Alternative Procedure of Dispute Resolution with the Participation if an Intermediary (Mediation Procedure).” However, in conformity with the Decree No.10 of the President of the Republic of Belarus dated January 6, 2011 “On Approving the Plan of Preparation of Draft Bills in 2011” the Draft Law of the Republic of Belarus “On Mediation” is to be submitted to the Parliament in the end of 2011.

Noteworthy, Belarus has already built a legal framework for conciliation procedure (before 2011 – “judicial mediation”) application for the settlement of commercial disputes in the system of economic courts (similar to Russia’s courts of arbitration) operating since 2008. Conciliation procedure is a particular form of off-court settlement of commercial disputes. Chapter 17 “Conciliation Procedure in Judiciary” of the Economic Procedure Code of the Republic of Belarus deals with the issues of conciliation. The Chapter specifies goals and objectives, principles, terms and possible results of conciliation procedure, as well as mediator’s powers and the procedure of mediator’s appointment. Conciliatory procedure can be conducted at any phase of court proceedings except a protest in the exercise of supervisory powers. Conciliation procedure is conducted by an executive officer of the economic court.

The Economic Procedure Code establishes special preferences for parties entering into conciliation procedure. The complainant party pays only 50% of the established amount of the state duty and does not pay the remaining 50% if conciliation procedure ends in a compromise. However, if the parties fail to voluntarily comply with provisions of the conciliatory agreement the law determines the enforceability of the reached accords as well as the payment of the remaining 50% of the state fee.


Amendments introduced into the Economic Procedure Code on January 10, 2011 envision the possibility to attract as mediators not only executive officers of the court but also other persons on the contractual basis.




 

The Center for Conflict Settlement
 

 
 
In June 2010, in the framework of the republican Lawyers’ Union the Center for Conflict Settlement (hereinafter referred to as the Center) was established. Today the Center coordinates the promotion of mediation in Belarus. The Center is headed by Liliya Vlasova, PhD (Law), one of the first Belarusian mediators. The Center unites 20 mediators trained in St. Petersburg, Kiev and the United States.

The main scope of the Center’s activities includes:

- promotion of mediation in the Republic of Belarus;

- participation in drafting legal acts regulating mediation;

- assistance in the organization of mediators training;

- preparation of standard documents regulation mediation procedure and mediator’s activities;

- international cooperation with the purpose of experience exchange in the area of mediation application in various spheres of public relations, mediators training and retraining.

In March 2011, Belarus launched a legal experiment (pilot project) of introduction of mediation into the settlement of legal and other conflicts involving the Supreme Economic Court of the Republic of Belarus and the Center. The concept of the pilot project was approved by the Order No.13 of the Chairman of the Supreme Economic Court of the Republic of Belarus dated March 1, 2011. Mediators of the Center were included into the list of persons who could be attracted by economic courts to settle economic disputes through mediation procedure. Mediators of the Center conduct mediation in-court and off-court during the entire period of the pilot project (till March 2012) without charge.



Printable version

Announces & News

25 november 2012

Mediation and Settlement as Key Elements of the WTO Dispute Resolution System - An article by Dmitry Davydenko and Alexandra Khizunova published in AEB BUSINESS QUARTERLY, 2012

Read more
© 2011-2013. Mediation Resource Center