of July 27, 2010 No. 193-FZ
About the alternative procedure of dispute settlement with participation of the intermediary (the procedure of mediation)
Accepted by the State Duma on July 7, 2010
Approved by the Federation Council on July 14, 2010
1. This Federal Law is drafted for the purpose of creation of legal conditions for application in the Russian Federation of the alternative procedure of dispute settlement with participation as the intermediary of the impartial person - mediator (the procedure of mediation), assistance to development of partner business relations and to forming of ethics of business conduct, harmonization of the social relations.
2. This Federal Law governs the relations connected using the procedure of mediation to the disputes arising from civil legal relationship including in connection with implementation of business and other economic activity and also to the disputes arising from employment legal relationship and family legal relationship.
3. If disputes arose from others, not specified in part 2 of this Article, the relations, operation of this Federal Law extends to the relations connected with settlement of such disputes by application of the procedure of mediation only in the cases provided by the Federal Laws.
4. The procedure of mediation can be applied after emergence of the disputes considered according to the procedure of civil legal proceedings and legal proceedings in Arbitration Courts.
5. The procedure of mediation is not applied to collective employment disputes, and also the disputes arising from the relations specified in part 2 of this Article if such disputes affect or can affect the rights and legitimate interests of the third parties who are not participating in the procedure of mediation or public interests.
6. Provisions of this Federal Law are not applied to the relations connected with rendering by the judge or the arbitration judge during judicial or arbitration of assistance to conciliation of the parties if other is not provided by the Federal Law.
For the purposes of this Federal Law the following basic concepts are used:
1) the parties - persons interested to settle dispute with the help of the procedure of mediation subjects of the relations specified in article 1 of this Federal Law;
2) the procedure of mediation - dispute settlement method with assistance of mediator on the basis of the voluntary consent of the parties for the purpose of achievement of the mutually acceptable decision by them;
3) mediator, mediators - impartial physical person, impartial physical persons involved by the parties as intermediaries in dispute settlement for assistance in development of the decision by the parties on the substance of dispute;
4) the organization performing activities for ensuring holding procedure of mediation - the legal entity, one of core activities of which is activities for the organization of holding procedure of mediation, and also implementation of other actions provided by this Federal Law;
5) the agreement on application of the procedure of mediation - the agreement of the parties signed in writing before emergence of dispute or disputes (mediativny clause) or after its or their origin on settlement using the procedure of mediation of dispute or disputes which arose or can arise between the parties in connection with any specific legal relationship;
6) the agreement on holding procedure of mediation - the agreement of the parties from the moment of which conclusion the procedure of mediation begins to be applied to the dispute or disputes which arose between the parties;
7) the mediativny agreement - the agreement reached by the parties as a result of application of the procedure of mediation to dispute or disputes, to separate disagreements on dispute and concluded in writing.
The procedure of mediation is carried out in case of mutual declaration of will of the parties on the basis of the principles of voluntariness, confidentiality, cooperation and equality of participants, impartiality and independence of mediator.
1. If the parties signed the agreement on application of the procedure of mediation and during the term stipulated for its carrying out undertook not to take a legal action or reference tribunal for the dispute resolution which arose or can arise between the parties, the court or reference tribunal recognizes force of this obligation until conditions of this obligation are not satisfied, except for case if one of the parties it is necessary to protect, in her opinion, the rights.
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