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Mediation in Russia since 2011  27.07.2010 01:14

Mediation in Russia since 2011

Federal law dated July 27, 2010 No. 193-FZ "On alternative procedure to settle disputes (mediation)"  (the "Law") specifies mediation to settle dispute, the procedure was not envisaged earlier by Russian law.

The Law provides for the detailed legal steps to be followed for mediation, as well as several amendments and additions to the civil law, civil procedural law and arbitration procedural law.

Mediation is used by parties to come to an accommodation with the participation of an independent person (mediator) and to reach mutually beneficial agreement. So, mediator is requested to arrange joint or separate meeting with the parties to the dispute. The activity of a mediator should not be entrepreneurial. A mediator may not represent any party, or provide the parties with legal advice or other legal assistance.

Mediation may be used as before the trial or since judicial proceeding has already begun. The term for mediation is defined by an agreement of the parties, but it can not be more than 60 days.

The participants of a mediation process are bound not to disclose the details of the arguments or proposals presented by the parties during the process, and are bound not to disclose information on the willingness of the parties to accept the proposals.

Mediator can not disclose any information on the mediation procedure if the parties to the dispute do not expressly permit a disclosure.

The Law will afford to harmonize the mediation process in Russia and is expected to affect the dynamics of dispute settlement positively.

The Law will come into force on January 1, 2011.

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