On 11 March 2010, draft regulations establishing mediation as
alternative procedure for the settlement of disputes were
introduced to the Russian Parliament. Assuming they are accepted,
they will come into force on 1 January 2011.
Mediation has not previously been expressly provided for in
Russian legislation nor has any law contained a detailed
description or procedure for it.
In most cases, mediation allows parties to reach the best
possible, and a mutually beneficial, compromise without involving
judicial bodies or reducing the effectiveness of the settlement
The draft regulations contain complex and detailed legal
mechanism for mediation, as well as various amendments and
additions to civil law, civil procedural law and arbitration
It is assumed that mediation can be initiated by agreement
between the parties. A mediator may arrange meetings with both
sides jointly or individually. This may culminate in the resolution
of their dispute, which may be formalised in a civil law contract
or an amicable settlement approved by a judge if the dispute has
been already submitted to the court.
If the dispute is not resolved, the participants may not
disclose during judicial proceedings any information provided by
another party to conclude a mediation agreement or about their
intentions to do so. They are also prohibited from disclosing any
opinions or suggestions made by the parties during the mediation
process and any information about a party's readiness to accept
any suggestions. The mediator may not provide the parties with
legal counselling or other help.
The individual or organisation providing mediation services is
not authorised to disclose any information about the mediation
procedure unless it is expressly permitted by the parties.
The draft regulations also contain certain quality requirements
and procedures for the provision of mediation services, as well as
some features of mediation in the course of initiated proceedings
in arbitration tribunals and courts of common jurisdiction.
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