Results of the Year 2015
We remember about the brightest events in life of Belarusian mediation and the Center of mediation and negotiations in 2015 year.
Main resource of mediation – mediators.
49 mediators have been trained at the Center in 2015. We improved program and worked out standards of training course in mediation sphere per Belarusian and international practice. During the year, we conducted practical mediation workshops for professional development of mediators’ skills: “10 mistakes of mediator”, “Work with emotions in mediation: from irritation to anger”, “What and why mediator need to know about domestic violence?”, “Psychological traps in mediation”, “Technology of work with interests in mediation”, “Work with minors in mediation”.
In 2015 there were foreign trainers and experts with master classes in the Center:
Frank Laine, mediator of the Court of Appeal, associate professor of the Law Faculty of Campbell University (USA), a member of the Academy of Family Mediators. He has introduced us with mediation experience in USA, innovative forms of conflict resolution, features of mediations by phone and “online”, and told us about a formation of style of mediators and the requirements for professional competence of mediators.
Elena Ivanova, certified mediator by IMI (International Mediation Institute, Hague), Ph.D., associate professor of conflictology at St. Petersburg State University. She has conducted the author’s training “100 differences between men and women” devoted to gender stereotypes and behaviors and their influence on process of mediation and the style of work of a mediator.
Jen Rumble, practicing family mediator, accredited psychotherapist, founder and director of Centre of family mediation RUCIFM in Manchester, United Kingdom. She has presented the author’s training “Work with emotions in family mediation” and shared features of mediations in family disputes in Great Britain.
Main resource of the Centre – our trainers, whose professional level is recognized not only in Belarus but also abroad.
In February 2015 mediator and trainer of the Centre Tatiana Belyaeva was invited at 10th ICC International Commercial Mediation Competition in Paris as international judge. This competition is held among student teams and organized by the International Chamber of Commerce. Liliya Vlasova took part in this event as an observer from Belarus. Ekaterina Gamzunova was the coach of «MITSO» student team, which first took part in the event.
Based on high expert evaluation of organizers of the competition Tatiana Belyaeva and Ekaterina Gamzunova have been accredited and invited at the 11th ICC International Commercial Mediation Competition in Paris from 4 to 10 February 2016 as judges.
In September 2015 at the invitation of russian mediators Liliya Vlasova and Ekaterina Gamzunova conducted training “Practical mediation” in Krasnodar.
In October Tatiana Belyaeva and Ekaterina Gamzunova conducted master-class “Mediation in practice” for participants of the International conference “Mediation in countries of the Eurasian Economic Union: practice of application, the way of development” in Moscow.
By the invitation of UNDP in Belarus we took part in UN project “Express UN-70: on the way to partnership for development”. Our mediators Ivan Sharahovski, Stanislav Nikitin and trainer Tatiana Belyaeva conducted mediation master classes along the route of the train from Baranovichi to Brest and in Kuleshov University in Mogilev. At the end of project the Centre has received personal thanks from the UN representative in Belarus Sanaka Samarasinha.
In 2016 we continue our cooperation with lovely trainers – Elena Zhdanovich, Vasiliy Pron and Natalia Iskortseva-Kunskaya, who became HR-director of TUT.BY in 2015.
Mediation practice
In 2015 the Centre continued active cooperation with courts on mediation in court disputes resolution. We organized two pilot projects in the court of Minsk district. In projects took part about 40 mediators – graduates of the Centre of mediation and negotiations.
In general courts mediation, traditional has stayed more demanded for labor disputes, disputes over the division of property, a definition of residence and child custody, recovery of debt. Average term of success of mediation – reaching agreements – in court is 72%, labor disputes – 78%, family disputes – 84%. Besides Minsk and Minsk region mediation has been used in courts of Grodno, Gomel and Vitebsk.
In 2015 mediators of the Centre conducted 80 mediations. 60% were court mediations, in other cases parties addressed to mediators themselves. Most of them were commercial disputes, where effectiveness of mediation reaches 92%. Mediation showed its effectiveness not only in reaching agreements but also in their feasibility. As of December 2015 76% agreements have already been fulfilled, others are at the stage of execution.
Interaction and cooperation – main condition for further development of mediation.
In the sphere of international cooperation important and significant event of 2015 year was the International conference “Mediation in countries of the Eurasian Economic Union: practice of application, the way of development”, which took place in 15-16 of October in Moscow. Representatives of government bodies, advocacy, notaries, mediation centers and science society of Belarus, Armenia, Kazakhstan, Kirgizstan, Russia, Montenegro could share their experience in promotion and development mediation in their countries, discuss problem questions and solutions. Participants repeatedly noted that establishment of mediation and incorporation of its basic principles of voluntariness, confidentiality, equality, fairness and cooperation of the parties, neutrality and independence of the mediator is particularly relevant in our time. Result of conference was the support of initiatives to establish an international coordinating body (council) in the field of mediation in EAEC countries.
The changes and additions to the legislation of Belarus on mediation was planned in 2016.
On the 23th of October the Centre of mediation and negotiations organized around table “Improving the legislation of the Republic of Belarus on mediation”, dedicated to International day of conflicts resolution. More than 50 participants – practicing mediators, lawyers, notaries, scientists, psychologists and also representatives of government bodies – gathered for discussing questions about legal regulation of mediation in Belarus. We spoke about using mediation in criminal proceedings, problem of validity and enforcement a mediation agreement, discussed the need to unify mediation rules in civil and economic process, the establishment of the list of cases in which mediation will be a mandatory pre-judicial form of dispute settlement, and providing the courts with the right to send the case to mediation on their own initiative.
Initiative working group was formed for developing proposals for improving the current legislation of the Republic of Belarus on mediation. By results of work we have prepared a bill “On changes and additions in some laws of the Republic of Belarus”, which was submitted to the Ministry of Justice together with the justification of the necessity of its adoption.
Summing up the results, we want to say that in 2015 we grew up professionally and Belarusian mediation became more senior and more experienced. Ahead there are new projects, new meetings and a lot of work on which we will inform you constantly.
