LAW OF THE REPUBLIC OF BELARUS

of July 12, 2013 No. 58-Z

About mediation

It is accepted by the House of Representatives on June 26, 2013

Approved by Council of the Republic on June 28, 2013

This Law is directed to determination of legal and organizational basis of application of mediation, creating favorable conditions for its development.

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

information meeting with mediator – the conversation of the parties (party) with mediator performed before carrying out mediation during which the purposes, the principles and rules of carrying out mediation, the right and obligation of the Parties in mediation, function, the rights and obligations of mediator, procedure and consequence in law of the conclusion of the mediativny agreement are explained;

the mediativny agreement – the agreement signed by the parties by results of the negotiations held in the procedure established by the legislation for the purpose of dispute settlement (disputes);

mediator – the physical person meeting the requirements of this Law, participating in negotiations of the parties as the disinterested person for the purpose of assistance by it in dispute settlement (disputes);

mediation – negotiations of the parties with participation of mediator for the purpose of dispute settlement (disputes) of the parties by development of the mutually acceptable agreement by them;

separate division of the legal entity – the branch, representation, other structural division of the legal entity located out of the place of its stay or in the place of its stay, having separate balance which the legal entity opens the current (settlement) bank account for making of transactions and which officials are granted the right to dispose of money on the account based on the power of attorney;

the agreement on mediation application – the agreement of the parties on negotiation with participation of mediator for the purpose of dispute settlement (disputes) of the parties in the procedure established by the legislation.

Article 2. Coverage of this Law

1. This Law governs the relations connected using mediation for the purpose of dispute settlement, arising from civil legal relationship, including in connection with implementation of business and other economic (economic) activity, and also the disputes arising from employment and family legal relationship if other is not provided by legal acts or does not follow from being of the corresponding relations.

1-1. Application of mediation on the conditions established by this Law is allowed for the purpose of conciliation of spouses in case of annulment of marriage.

2. Mediation can be carried out as to the appeal of the parties to court according to the procedure of civil or economic legal proceedings, and after initiation of proceeedings in court. Features of carrying out mediation after initiation of proceeedings in court are determined by the procedural legislation.

3. Operation of this Law extends also to mediation which is carried out within other types of legal proceedings in the cases provided by legal acts.

4. Operation of this Law does not extend to the relations connected with rendering by the judge assistance to conciliation of the parties during legal proceedings.

5. According to addresses of the prosecutor, state bodies for the purpose of protection of the state and public concerns mediation is carried out only in the cases provided by the procedural legislation.

Article 3. Principles of mediation

1. The basic principles of mediation are:

voluntariness;

conscientiousness, equality and cooperation of the parties;

impartiality and independence of mediator;

confidentiality.

2. Mediation is based on trust which the parties put in mediator as person capable to provide effective negotiating.

Article 4. Requirements imposed to mediator

1. The physical person having the higher legal or other higher education which had training in the field of mediation according to the procedure, established by the Ministry of Justice, or the certificate of mediator having work experience in quality of the conciliator according to the procedural legislation, received granted by the Ministry of Justice based on the decision of the Qualification commission on questions of mediation can be mediator.

2. The physical person cannot be mediator:

being the government civil servant, including performing powers of the judge in court if other is not provided by legal acts;

recognized in accordance with the established procedure as incapacitated or it is limited by capable;

having criminal record;

which power as the judge of court, the public prosecutor's worker, the employee of the Investigative Committee, the State committee of judicial examinations, law-enforcement bodies, state security, the border service, the employee of bodies of the State Control Committee, tax, customs authorities, other government civil servant, the notary, the lawyer were stopped according to the procedure, established by legal acts, on the bases connected with making of the offenses incompatible with its professional activity, – within three years from the date of adoption of the relevant decision if other is not provided by legal acts;

on which the decision on cancellation of the certificate of mediator in connection with abuse of regulations of ethics of mediator, approved by the Ministry of Justice is made.

The decision on cancellation of the certificate of mediator is made by the Ministry of Justice in case:

giving by mediator of the statement for cancellation of the certificate of mediator;

decision makings by the Qualification commission on questions of mediation of cancellation of the certificate of mediator.

3. The mediator has no right to be the representative of any party.

4. The additional requirements imposed to mediator can be established by the agreement on application of mediation.

Article 5. Qualification commission on questions of mediation

1. The qualification commission on questions of mediation is created under the Ministry of Justice from among representatives of this Ministry, courts, other state bodies, public associations and other organizations, and also mediators and lawyers.

2. The procedure for education, activities and power of the Qualification commission on questions of mediation, and also procedure for issue and cancellation of the certificate of mediator are determined by Council of Ministers of the Republic of Belarus.

Article 6. Organization of activities of mediators

1. Mediators perform activities independently from the date of issue of the certificate of mediator by the Ministry of Justice. Activities of mediator are not business activity. The mediator has the right to perform other activities which are not prohibited by the legislation.

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