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On Alternative Dispute Settlement Procedure With The Involvement Of A Mediator (Mediation Procedure)

Original Language Title: Об альтернативной процедуре урегулирования споров с участием посредника (процедуре медиации)

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RUSSIAN FEDERATION FEDERAL LAW On Alternative Dispute Resolution Procedure with mediation (mediation procedure) Adopted by the State Duma on 7 July 2010 Approved by the Federation Council on July 14, 2010, 02.07.2013 N 185-FZ; dated 23.07.2013 N 233-FZ Article 1. The object of regulation and scope of this Federal Law 1. This Federal Law is designed to create legal conditions for the application in the Russian Federation of an alternative dispute settlement procedure involving the mediator of an independent mediator (mediation procedure), assistance development of partnership business relations and formation of ethics of business turnover, harmonization of social relations. 2. This Federal Law regulates the relations relating to the application of the mediation procedure to disputes arising out of civil legal relations, including in connection with the conduct of business and other economic activities, as well as disputes arising out of labour relations and family relations. 3. If disputes have arisen from other than those referred to in part 2 of this article, the relationship under this Federal Act shall apply to relations relating to the settlement of such disputes through the application of the mediation procedure only in the case of provided by federal laws. 4. The mediation procedure may be applied after disputes arising out of civil proceedings and proceedings before arbitral tribunals. 5. The mediation procedure does not apply to collective labour disputes, as well as to disputes arising from the relations referred to in part 2 of this article, in the event that such disputes affect or may affect the rights and legitimate interests of third parties, of a mediation procedure or of a public interest. 6. The provisions of this Federal Act do not apply to relations between a judge or an arbitral tribunal in judicial or arbitral proceedings to promote conciliation of the parties, unless otherwise provided by a federal law. Article 2. Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) parties wishing to settle a dispute with through the mediation procedure of the subjects of the relationship referred to in article 1 of this Federal Law; 2) mediation procedure-the method of settlement of disputes with the assistance of the mediator on the basis of voluntary consent of the parties in order to achieve them of a mutually acceptable solution; 3) mediator, An independent natural person, independent natural persons employed by the parties as mediators in the settlement of the dispute to assist in the determination of the merits of the dispute by the parties; 4) The procedure for mediation is a legal person, one of the main activities of which is the organization of the mediation procedure, as well as the implementation of the other provisions of this Federal Act actions; 5) mediation agreement- Agreement between the parties in writing prior to the appearance of the dispute or disputes (a mediative clause), or after it has arisen, on the settlement of the procedure for the mediation of the dispute or disputes that arose or may have arisen between the parties in relation to any particular legal relationship; 6) the mediation agreement-the agreement of the parties from which the mediation procedure begins to apply to the dispute or disputes that have arisen between the parties; 7) the mediative agreement-the agreement, The parties reached as a result of the mediation procedure or disputes, to separate disputes and to prisoners in writing. Article 3. The principles of the mediation procedure Mediation procedure shall be conducted with the mutual will of the parties on the basis of the principles of voluntariness, confidentiality, cooperation and equality of the parties, impartiality and independence of the mediator. Article 4. Application of the mediation procedure to consideration by a court or arbitral tribunal 1. In the event that the parties have entered into an agreement on the application of the mediation procedure and within a specified period of time not to apply to the court or arbitral tribunal to settle the dispute that has arisen or may arise between the parties, the court or the arbitral tribunal shall recognize the force of that obligation until the terms of the obligation have been met, unless one of the parties is required, in its view, to protect its rights. 2. If the dispute is referred to a court or arbitral tribunal, the parties may apply the mediation at any time prior to the decision on the dispute by the relevant court or arbitral tribunal. The consideration of a case concerning a dispute before a court or an arbitral tribunal, as well as the commission of other proceedings, shall be determined by procedural law. Article 5. Confidentiality of information related to the mediation procedure 1. The procedure for mediation retains the confidentiality of all information relating to the procedure, except in the cases provided for in federal laws and in cases where the parties have not agreed otherwise. 2. The mediator is not entitled to disclose the information relating to the mediation procedure that has become known to him, without the consent of the parties. 3. The parties, the organizations involved in the mediation procedure, the mediator, and other persons present during the mediation procedure, irrespective of whether the proceedings are related A dispute which was the subject of a mediation procedure may not be invoked unless the parties have agreed otherwise, in court or arbitral proceedings for information on: 1) of one of the proposals applying the mediation procedure, as well as the willingness of one of the parties to the Participation in this procedure; 2) views or suggestions made by one of the parties regarding the possibility of dispute settlement; 3) confessions made by one of the parties in the course of the mediation procedure; 4) the willingness of one of the parties to accept the offer of the mediator or the other party to settle the dispute. 4. Existence from the mediator and from the organization conducting the mediation procedure, information relating to the mediation procedure is not permitted, except in the cases provided for by federal laws and cases, Unless otherwise agreed by the parties. Article 6. A condition for the disclosure of information mediated by the mediator If the mediator has received from one of the parties information relating to the mediation procedure, he may disclose such information to the other party only with the consent of the party providing the information. Article 7. Conditions for the application of the mediation procedure 1. The mediation procedure is based on the agreement of the parties, including the agreement on the application of the mediation procedure. The reference in the contract to a document containing the terms and conditions for the settlement of the dispute with the assistance of the mediator is recognized as a mediative clause, provided that the contract is in writing. 2. The mediation procedure may be applied in the event of a dispute both before the court or arbitral tribunal and after the commencement of the trial or arbitral proceedings, including upon the proposal of the judge or arbitral tribunal. 3. The existence of an agreement on the application of the mediation procedure, as well as the existence of an agreement on the conduct of the mediation procedure and the direct application of the procedure, is not an obstacle to recourse to a court or an arbitral tribunal, unless otherwise is provided for by federal laws. 4. The mediation process begins with the date on which the parties concluded the mediation agreement. 5. If one of the parties has written a proposal to apply to the mediation procedure and within thirty days from the date of its submission, or within a reasonable period of time specified in the proposal, the other party's consent to the application has not been accepted Medation procedure, the proposal shall be regarded as rejected. 6. The proposal to apply to the mediation procedure shall contain the information referred to in article 8, paragraph 2, of this Federal Act. 7. The proposal to refer to the mediation procedure may be made at the request of one of the parties to be a mediator or a mediator. Article 8. Medation procedure 1. The agreement on mediation is to be concluded in writing. 2. The mediation agreement should include: 1) on the subject of the dispute; 2) on the mediator, the mediator or the organization implementing the mediation procedure; 3) on the modalities of the mediation procedure; 4) on the conditions for the parties ' participation in the costs of the mediation procedure; 5) on the duration of the mediation procedure. Article 9. Select and assign a mediator 1. In order to perform the mediation procedure, the parties shall, by mutual agreement, choose one or more mediators. 2. The organization implementing the mediation procedure may recommend a mediator, a mediator or a mediator in the event that the parties have submitted an application to the designated organization on the basis of the mediation agreement. 3. The mediator, chosen or appointed under this article, in the event of the existence or appearance in the process of the mediation of the circumstances likely to affect its independence and impartiality, shall be required to do so without delay To report this to the parties or, in the case of the mediation procedure, by the organization implementing the mediation procedure, also to the organization. Article 10. Procedure for the procedure mediation 1. The activities of the mediation are carried out by the mediator, mediators, both on a paid basis and free of charge, the activities of organizations engaged in ensuring the conduct of the mediation procedure-on a fee-paying basis. 2. The procedure for the mediation of the mediator, the mediator and the organization implementing the mediation procedure shall be paid by the parties in equal shares, unless otherwise agreed. Article 11. The procedure for the mediation procedure 1. The procedure for mediation is established by an agreement on the conduct of the mediation procedure. 2. The procedure for the mediation may be established by the parties to the mediation procedure by reference to the rules of procedure for the mediation, as approved by the relevant organization carrying out activities in the field of mediation. To ensure that the mediation procedure is conducted. 3. The rules of procedure of the mediation approved by the organization implementing the mediation procedure should indicate: 1) the types of disputes to be resolved in accordance with the data rules; 2) how to select or appoint mediators; 3) the order of parties ' participation in the costs of the mediation procedure; 4) the information on professional standards and regulations 2. Mediators established by the respective organization Mediation procedure; 5) the procedure for mediation, including the rights and obligations of the parties in the mediation procedure, the peculiarity of the mediation procedure in the settlement process of certain categories of disputes, other conditions for the mediation procedure. 4. In the agreement on the conduct of the mediation procedure, the parties are entitled to state, unless otherwise provided by a federal law or agreement of the parties (including the agreement on the conduct of the mediation procedure), the independent definition of the mediator The mediation procedure, taking into account the circumstances of the dispute, the wishes of the parties and the need for a speedy settlement of the dispute. 5. The mediator is not entitled to make, unless the parties agree otherwise, proposals for the settlement of the dispute. 6. During the mediation procedure, the mediator can meet and maintain communication with both parties and each one of them separately. 7. In conducting the mediation procedure, the mediator is not entitled to put his or her actions in priority, nor to diminish the rights and legitimate interests of one of the parties. Article 12. A mediative agreement 1. The media agreement shall be concluded in writing and contain information on the parties, the subject matter of the dispute, the mediation procedure, the mediator, as well as the obligations agreed upon by the parties, the terms and conditions of their implementation. 2. The mediation agreement shall be implemented on the basis of the principles of voluntariness and good faith of the parties. 3. The mediative agreement reached by the parties as a result of the mediation procedure carried out after the submission of the dispute to the court or arbitral tribunal may be approved by the court or arbitral tribunal as a settlement agreement in accordance with by procedural law or by law on arbitral tribunals, legislation on international commercial arbitration. 4. A mediated agreement reached by the parties as a result of a mediation procedure conducted without the referral of a dispute to a court or arbitral tribunal, is a civil law transaction, The aim is to establish, modify or terminate the rights and obligations of the parties. Such a transaction may be subject to the rules of civil law on the criminal offence of the criminal indemnetation, the set-off of the counterparty uniform claim, the compensation of the injury. Protection of rights infringed by failure or improper performance of such a mediative agreement shall be exercised in the manner prescribed by civil law. Article 13. Timing of the mediation procedure 1. The duration of the mediation procedure is determined by the agreement on the conduct of the mediation procedure. In so doing, the mediator and the parties must take all possible measures to ensure that the procedure is terminated within a period of not more than sixty days. 2. In exceptional cases, due to the complexity of the dispute, the need for additional information or documents may be increased by agreement between the parties and with the consent of the mediator. 3. The duration of the mediation procedure shall not exceed one hundred and eighty days, except for the duration of the mediation procedure after the submission of the dispute to a court or arbitral tribunal not exceeding sixty days. Article 14. Termination of the mediation procedure The mediation procedure is terminated due to the following circumstances: 1) conclusion by the parties to the mediation agreement-from the day of signing the agreement; 2) conclusion the parties ' agreement to terminate the mediation procedure without reaching agreement on the existing disagreements-from the day of the signing of such an agreement; 3) a written statement by the mediator sent to the parties after consultation with them termination of the mediation procedure owing to the non-expediency of its continuation (b) The application in writing of one, several or all parties to the mediator, the refusal of the continuation of the mediation procedure, from the date of receipt of the statement by the mediator; 5) the expiry of the mediation procedure, from the day it expires, subject to the provisions of article 13 of this Federal Law. Article 15. Requirements for mediators 1. The activities of the mediator can be carried out both professionally and unprofessionally. 2. Persons who have attained the age of 18 years of age with full legal capacity and without a criminal record may carry out the activities of the mediator. The activities of a mediator can be performed on a professional basis by persons meeting the requirements set out in article 16 of this Federal Law. 3. The activity of the mediator is not a business activity. 4. Those carrying out activities of the mediators also have the right to carry out any other activity not prohibited by the legislation of the Russian Federation. 5. Mediators cannot be replaced by the State posts of the Russian Federation, State posts of the constituent entities of the Russian Federation, public civil service posts, municipal service posts, unless otherwise provided Federal laws. 6. A mediator is not entitled: 1) to be the representative of any party; 2) to provide legal, consulting or other assistance to any party; 3) to carry out the activities of the mediator, if the procedure is conducted He personally (directly or indirectly) is interested in the outcome, including the person who is one of the parties; 4) to make public statements on the substance of the dispute without the consent of the parties. 7. The Agreement of the Parties or the Rules of Procedure of the mediation, approved by the organization implementing the mediation procedure, may establish additional requirements for the mediator, including the mediator, on a professional basis. Article 16. Implementing a mediator on a professional basis 1. The activities of the mediators can be performed on a professional basis by persons who have reached the age of twenty-five who have higher education and who have received additional professional education on the application of the procedure mediation. (In the wording of Federal Law No. N 185-FZ 2. Organizations engaged in the mediation process may form associations in the form of associations (unions) and in other forms provided for in the legislation of the Russian Federation with a view to coordinating their activities, The development and unification of standards and rules for the professional activities of mediators, rules or regulations of the mediation procedure. These organizations may be members of self-regulating mediator organizations. 3. The mediation procedure for disputes referred to a court or arbitral tribunal before the commencement of the mediation procedure may be conducted only by mediators exercising their profession on a professional basis. Article 17. Responsibility of mediators and organizations Implementing the mediation procedure Mediators and organizations carrying out the procedure Mediation is responsible to the parties for the harm caused to the parties by the implementation of these activities, in accordance with the procedure established by civil law. Article 18. Self-regulating mediator organization 1. In order to develop and establish standards and regulations for the professional activities of the mediators, as well as the procedure for monitoring compliance with the requirements of the standards and regulations of the mediators in the field of professional activity Self-regulating organizations of mediators can be established, and (or) organizations working to ensure the mediation procedure. 2. Self-regulating mediator organizations are formed in the form of associations (unions) or non-profit partnerships. 3. The organization acquires the status of a self-regulated organization of the mediators from the date of its incorporation into the state register of self-regulated organizations of mediators and loses the status of self-regulating organization of mediators from the date of the exception of the information it is defined in the specified registry. The State register of self-regulating organizations of mediators shall be maintained by the federal executive authority authorized by the Government of the Russian Federation. 4. The organization is included in the state register of self-regulating mediator organizations, provided that it meets the following requirements: 1) the organization of a self-regulating mediator organization as its members of at least one hundred individuals who conduct the activities of the mediators on a professional basis, or at least twenty organizations engaged in ensuring the conduct of the mediation procedure. A single self-regulated organization of individuals who carry out activities of professional mediators and organizations conducting mediation activities is permitted to be organized into a single self-regulating organization. The number of persons and entities in the aggregate is at least 100. These individuals and entities must comply with the statutory requirements for membership in such an organization; (as amended by the Federal Law dated 23.07.2013 N 233-FZ) 2) the existence of an approved quality control order for members of the self-regulating mediator organization and the adopted code of professional ethics for mediators; (3) compliance Self-regulating organization required by the Federal Law of 1 December 2007 N 315-FZ "On Self-regulating organizations" (hereinafter referred to as the "Self-regulating organizations"). Federal law "About self-regulating organizations"). 5. In order to carry out activities as a self-regulating organization of mediators in the organization, specialized bodies responsible for monitoring compliance of the members of the self-regulatory organization of the requirements mediators should be established OF THE PRESIDENT OF THE RUSSIAN FEDERATION Relationship between members of the self-regulatory organization of measures of the media Disciplinary action. 6. The regulated organization of the mediators, along with the rights defined by the Federal Law "On Self-regulating organizations", has the right to install In respect of its members, claims that are additional to the requirements specified by the Federal Act and ensure the responsibility of its members in carrying out the activities of the mediators. 7. The regulated organization of the mediators cannot be a member of another self-regulated organization of the mediators. 8. The mediator can only be a member of one self-regulating mediator organization. 9. The regulated organization of mediators at the reception of their members of the mediators who carry out activities on a professional basis and organizations conducting activities to ensure the conduct of the procedure of mediation is entitled to present them Additional requirements related to the implementation of the activities of the mediator and not contrary to this Federal Law, other federal laws. 10. Members of a permanent collegial body of government and specialized bodies of self-regulating mediator organization can combine the performance of the functions of members of these bodies with the activities of mediators. Article 19. The main functions of the self-regulating organization mediators Sailors-controlled organization of mediators perform the following main functions: 1) develops and sets the conditions for the membership of the mediators, On a professional basis, and organizations involved in the mediation process in a self-regulating organization of mediators; (2) establishes and applies disciplinary measures impact on its members; 3) maintains a registry of members The self-regulated organization of the mediators; 4) represents the interests of members of the self-regulating organization of mediators in their relations with the federal state authorities, the state authorities of the constituent entities of the Russian Federation, by local governments, as well as with international professional organizations of mediators; 5) develops and approves standards and rules for the professional activities of mediators; 6) develops and approves rules of the business and professional ethics of the mediators in the The number of professional ethics of the media; 7) develops the rules for the mediation procedure; 8) develops standards for training of mediators; 9) exercises control over professional activities of their members as part of their compliance with the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, standards and rules of the self-regulating organization of mediators, conditions of membership in as a self-regulating mediator organization; 10) organizes Information and methodical support for their members in the performance of the activities of the media; 11) performs other functions established by the Federal Law "About self-regulating organizations". Article 20. The entry into force of this Federal Law This Federal Law shall enter into force on 1 January 2011. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 27 July 2010 N 193-FZ