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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

(In edition of the Law of the Republic of Belarus of 05.01.2016 No. 355-Z)

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:

the mediativny agreement - the agreement signed by the parties by results of the negotiations held according to the procedure, provided by this Law, 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;

the agreement on mediation application - the agreement of the parties on the negotiation with participation of mediator for the purpose of dispute settlement (disputes) of the parties according to the procedure provided by this Law.

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.

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 sphere of mediation according to the procedure, established by the Ministry of Justice of the Republic of Belarus, 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 of the Republic of Belarus 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 employee, 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 of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, law-enforcement bodies, state security, the border service, the employee of bodies of the State Control Committee of the Republic of Belarus, tax, customs authorities, other government employee, 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;

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