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, administrative and other public 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, administrative 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.
2. If the dispute is submitted court or reference tribunal, the parties can apply the procedure of mediation at any time before decision making on dispute by the relevant court or reference tribunal. Adjournment of consideration of the case about dispute in court or reference tribunal, and also making of other legal proceedings is determined by the procedural legislation.
1. When holding procedure of mediation confidentiality to the specified procedure of all information relating to, except as specified, provided by the Federal Laws, and cases remains if the parties did not agree about other.
2. The mediator has no right to disclose the information relating to the procedure of mediation and which became to it known in case of its carrying out without the consent of the parties.
3. The parties, the organizations performing activities for ensuring holding procedure of mediation, mediator, and also other persons which were present when holding procedure of mediation irrespective of whether are connected legal proceedings, arbitration with dispute which was subject of the procedure of the mediation having no right to refer if the parties did not agree about other, during legal proceedings or arbitration on information about:
1) offer of one of the parties on application of the procedure of mediation, as well as readiness of one of the parties for participation in holding this procedure;
2) the opinions or offers stated to one of the parties concerning possibility of dispute settlement;
3) the confessions made by one of the parties during procedure of mediation;
4) readiness of one of the parties to accept the offer of mediator or other party on dispute settlement.
4. Reclamation from mediator and from the organization performing activities for ensuring holding procedure of mediation, information relating to the procedure of mediation is not allowed, except as specified, provided by the Federal Laws, and cases if the parties did not agree about other.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.