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LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2018 No. ZR-351

About mediation

Accepted by National Assembly of the Republic of Armenia on June 13, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with the organization and activities of mediation.

2. Features of the mediation appointed by court are established by the Civil Procedure Code of the Republic of Armenia.

3. Features of industry mediation can be regulated by other laws.

4. This Law is not applied to the mediation performed by mediator of financial system.

Article 2. Mediation

1. Mediation is the process directed to the dispute resolution between the parties conciliation from their consent with the help of the impartial third party - mediator.

2. Mediation can be performed on the disputes following from civil, family, labor, and in the cases provided by the law - also other legal relationship.

3. Mediation can be performed by attraction to the dispute resolution of mediator or permanent organization mediator.

4. In the presence of the agreement on mediation between the parties the dispute can be submitted vessels upon termination of mediation.

Article 3. Mediator

1. The mediator is the independent, impartial, not interested in the outcome of the case physical person performing mediation for the purpose of the dispute resolution between the parties conciliation.

2. The mediator has the right to perform the activities as personally, and in permanent organization mediator.

Article 4. Principles of mediation

1. Mediation is performed based on the principles of voluntariness, confidentiality, equality of the parties, independence and impartiality of mediator.

Chapter 2. Rules of conduct, rights and obligations of mediator

Article 5. Rules of conduct of mediator

1. The purpose of rules of conduct of mediator - to promote ensuring independence and impartiality of mediator, and also increase in the authority of mediator and forming of trust to mediation by observance of rules of conduct of mediator.

2. The mediator shall be guided by the following rules of conduct:

1) to disclose any interest or the relations which can have an adverse effect on impartiality of mediator;

2) to provide the equal, valid and impartial relation to parties at variance;

3) to observe confidentiality of mediation;

4) to perform mediation in the shortest possible time;

5) to promote increase in the authority of mediator and forming of trust to mediation.

3. The self-regulatory organization of mediators establishes details of rules of conduct of mediator.

Article 6. Rights and obligations of mediator

1. The mediator has the right:

1) in the course of mediation to organize meetings as at the same time with all parties of mediation, and with each party of mediation separately;

2) it is free to apply the mediation methods which are not prohibited by the law;

3) to receive payment for the services, for exception of the cases provided by the law;

4) to advertizes the services.

2. The mediator shall:

1) prior to mediation to explain to the parties of mediation their role, nature of process of mediation, effect of the agreement on mediation and, if necessary, not achievements of such agreement;

2) to refuse mediation implementation if considers that its participation in process of mediation will lead to violation of any principle of mediation or rules of conduct of mediator;

3) to observe the principles of mediation and the rule of conduct of mediator;

4) to undergo obligatory annual retraining of mediators.

3. The mediator has other rights and obligations established by the law.

Article 7. Confidentiality of information which became to mediation, known in process

1. The data opened or expressed in mediation process are confidential and can be divulged from written consent of the parties or in other cases provided by the law.

2. The mediator, the parties or any other person participating or participating in mediation cannot be interrogated as witnesses as regards the data which became to them known in mediation process, except as specified, provided by the Code of penal procedure of the Republic of Armenia.

Chapter 3. Mediation implementation

Article 8. Mediation procedure

1. Mediation is performed according to the procedure, established by the agreement of the parties if other is not established by the law.

2. If the procedure of mediation is not established by the agreement of the parties, mediation is performed by the rules established by self-regulatory organization of mediators, and in case of implementation of mediation by means of permanent organization mediator - this organization.

Article 9. Mediation implementation conditions

1. Mediation is performed in the cases provided by the agreement of the parties.

2. The agreement on mediation is the agreement on permission of certain existing or possible dispute between them signed between the parties in connection with certain contractual or not contractual legal relationship. The agreement on mediation can be signed as in the form of entering into the agreement of the corresponding clause (clause on mediation), and the separate agreement (the agreement on mediation).

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