Center for Mediation and Negotiation – mediation in Minsk and Belarus

Adopted by the House of Representatives: 26 June 2013

Approved by the Council of the Republic: 28 June 2013

The aim of present Law is defining the legal and organizational framework of application of mediation, creation favorable conditions for its development.

Article 1. Basic terms used in present Law and its definitions

For the purpose of present Law following basic terms and its definitions are applicable:

mediative agreement – agreement between the parties concluded as a result of negotiations held in order provided by this Law, intended to settle the dispute (disputes) between the parties;

mediator – impartial person corresponded to the requirements in present Law, who takes part in negotiations in order to facilitate the settlement of dispute between the parties;

mediation – negotiations between the parties with the participation of mediator in order to settle the dispute by working out mutually acceptable solution;

mediation agreement – agreement between the parties about negotiations with participation of mediator to settle the dispute (disputes) between the parties in order which is provided by present Law.

Article 2. The sphere of application of present Law

Present Law regulates relationships regarding the use of mediation in order to settle the disputes arising out of civil relationships, including relationships related to entrepreneurial and other business (economic) Lawivities, disputes arising out of labour and family relationships, unless otherwise stipulated by others legislative Laws or follows from the nature of respective relationships.
Mediation can be carried out either before going to the court for civil or economic procedure, or after the commencement of the proceedings into the court. Special aspects of mediation after the commencement of the proceedings into the court are determined by procedural legislation.
The scope of application of present Law also governs mediation which is used in the frameworks of others kinds of proceedings in cases provided by legislative Laws.
The scope of application of present Law does not govern relationships where the judge assists the parties to reconcile in court proceedings.
At prosecutor’s or public authorities’ request to protect state or public interests mediation is carried out in cases provided by procedural legislation.

Article 3. Principles of mediation

Basic principles of mediation are:

self-determination;
fairness, equality and cooperation between the parties;
impartiality and independence of mediator;
confidentiality.

Mediation is based on trust to mediator as a person, who capable of providing effective negotiations.

Article 4. Requirements to mediators

Mediator is a person who has got the higher education in law or in other sphere, who has trained in the sphere of mediation in order provided by the Ministry of Justice of the Republic of Belarus or who has had experience as conciliator in accordance with procedural legislation, who has got certificate of mediator, given by the Ministry of Justice of the Republic of Belarus based on the decision of the Qualification Commission on issues of mediation.
Mediator cannot be a person:

who is a public servant, including judges exercising their authority in court, unless otherwise stipulated by legislative acts;
who was duly recognized as legal incapable or partially legal capable;
who has conviction;
whose authority in the position of the judge of the court, prosecution officer, officer of Investigative Committee of the Republic of Belarus, State Committee of the Republic of Belarus of forensic examinations, internal affairs bodies, Frontier Service, employee of the State Control Committee Republic of Belarus, taxes, custom bodies, and other public servant, private and public notary, advocate was terminated in the order provided by legislative Laws, on the basis connected with crime commitment incompatible with their professional activity, – within three years from the day of adoption of appropriate decision, unless otherwise stipulated by legislative Laws;
in respect of whom a decision on termination of the validity of the mediator’s certificate was made in regard of violation of Ethics Rules of mediator, approved by the Ministry of Justice of the Republic of Belarus.

The decision on termination of the validity of the mediator’s certificate is made by the Ministry of Justice of the Republic of Belarus in cases when:

mediator files a written application on termination of the validity of the mediator’s certificate;

Qualification Commission on issues of mediation makes the decision on termination of the validity of the mediator’s certificate.

Mediator has no right to be the representative of any party.
In mediation agreement parties could point out additional requirements to mediator.

Article 5. Qualification Commission on issues of mediation

Qualification Commission on issues of mediation created under the Ministry of Justice of the Republic of Belarus. It is composed of representatives of the Ministry, courts, other governmental bodies, public associations and others organizations, and also mediators and advocates.
The order of creation, operation and authority of Qualification Commissions on issues of mediation is defined by the Council of Ministers of the Republic of Belarus. It is also defines the order of issuing and termination of the validity of the mediator’s certificate.

Article 6. Activity arrangement of mediators

Mediators operate independently on the basis of mediator’s certificate issued by the Ministry of Justice of the Republic of Belarus. The activity of mediator is not entrepreneurial activity. Mediator is entitled to exercise another activity, which is not forbidden by the law.
To provide financial, institutional, legal and others conditions for activity of mediator, organizations – providors of mediation services could be established. Organization providors of mediation could be established as non-profit organization in the form of foundation (hereafter – foundation) or as separate subdivision of a legal entity (hereafter – unless otherwise stipulated – separate subdivision of a legal entity)
Foundation operates under the charter, approved by its founder. Separate subdivision of a legal entity operates on the basis of regulation, approved by the head of the legal entity.

The rules of activity of organization providors of mediation are approved by these organizations on the basis of model rules, approved by the Council of Ministers of the Republic of Belarus.

Article 7. State registration of establishment institutions, amendments and (or) supplementation of their charter, registration of separate subdivisions of legal entities

State registration of establishment institutions, amendments and (or) supplementation of their charter, is exercised by the Ministry of Justice of the Republic of Belarus. Registration of separate subdivisions of legal entities is exercised by the central administration of Justice of regional (Minsk city) executive committee at the place of residence of legal entity (hereafter – relevant central administration of Justice).
For state registration of foundation in the Ministry of Justice of the Republic of Belarus it is necessary to provide:

application for state registration in order provided by the Ministry of Justice of the Republic of Belarus;
the charter of foundation in duplicate without notarization, its electronic copy (as an .doc or .rtf);
the list of mediators, whose activity the foundation will provide;
original or copy of payment document, which corroborates the payment of state duty.

For state registration of amendments and (or) supplementation of the charter of institutions within the month from the day of amendments and (or) supplementation it is necessary to apply in the Ministry of Justice the following:

application for state registration of amendments and (or) supplementation of the charter in the order provided by the Ministry of Justice of the Republic of Belarus;
amendments and supplementations which was made in the charter of establishment institution in duplication, performed as an annex to the charter or its new version, without notarization, its electronic copy (as an .doc or .rtf);
original certificate of state registration of establishment institution in case of changing the name;
original or copy of payment document, which corroborates the payment of state duty.

For the registration of the separate subdivision of legal entity in relevant central administration is applied:

application of registration signed by the head of legal entity;
regulation of separate subdivision of legal entity, approved by the head of legal entity;
the list of mediators whose activity the separate subdivision of legal entity will provide;
original or copy of payment document, which corroborates the payment of state duty.

The list of mediators must contain the information about first name, last name and patronymic (if there is) of mediator, date of issuing of mediator’s certificate, range of questions, in the sphere of which the mediator is specialized, and also could contain the other information.
Based on the results of considerations of the documents provided for the state registration of establishment institution, amendments and (or) supplementation of the charter, registration of the separate subdivision of legal entity, the Ministry of Justice of the Republic of Belarus, relevant central administration of Justice makes one of the following decision:

about state registration of establishment institution or about state registration of amendments and (or) supplementation of the charter of the establishment institution, or about registration of separate subdivision of legal entity;
about refusal in state registration of establishment institution or about state registration of amendments and (or) supplementation of the charter of the establishment institution, or about registration of separate subdivision of legal entity;

State registration of establishment institution, amendments and (or) supplementation of the charter of the establishment institution, registration of separate subdivision of legal entity is carried out within three working days from the day of application of duly executed documents, pointed out in paragraphs 2-4 of present article in the Ministry of Justice of the Republic of Belarus, relevant central administration of Justice.

Registered establishment institution, registered separate subdivision of legal entity is given relevant certificate of state registration. The form of certificate is approved by the Council of Ministries of the Republic of Belarus.

Decision on refusal in state registration of establishment institution, or in state registration of amendments and (or) supplementation of the charter, or in the registration of separate subdivision of legal entity is made in case of:

nonconformity of applied documents to legislative requirements;
the information pointed out in the documents is partial or unreliable (invalid).

The Ministry of Justice of the Republic of Belarus, relevant central administration of Justice within the five days after making the decision provided by sub-paragraph 3 of paragraph 6 of present article, reports it to the applicant in written.
The record of state registration of establishment institution, amendments and (or) supplementation of the charter is made in the Unified State Register of legal entities and individual entrepreneurs by the Ministry of Justice of the Republic of Belarus in the day of making a decision on state registration of establishment institution, amendments and (or) supplementations of charter in order provided by the legislation.

Account of separate subdivisions of legal entities is exercised by relevant central administration in the journal of account of legal entities, where it was established separate subdivision which provides carrying out of mediation in form approved by the Ministry of Justice of the Republic of Belarus.

The Ministry of Justice of the Republic of Belarus within five working days from the day of recording of state registration of establishment institution, amendments and (or) supplementation of the charter in Unified State Register of legal entities and individual entrepreneurs issues certificate of state registration of establishment institution, one copy of charter, stitched, numbered and sealed by the Ministry of Justice of the Republic of Belarus (one copy of registered amendments and (or) supplementations of charter stitched, numbered and sealed by the Ministry of Justice of the Republic of Belarus), document which proved registration of establishment institution in state statistics bodies, bodies of the Social Security Fund of the Ministry of Labor and Social Protection of the Republic of Belarus, registered establishment institution in the Belarusian Republican Unitary Insurance Company “Belgosstrakh”, in the form and order determined by the Council of Ministers.

Relevant central administration of Justice within five working days from the day of the record in the journal of account of legal entities where it was established the separate subdivision which provides carrying out of mediation, issues certificate of registration of separate subdivision of legal entity. Information about registration of separate subdivision of legal entity is provided in the Ministry of Justice of the Republic of Belarus.

Article 8. Liquidation of establishment institutionestablishment institutions and termination of activity of separate subdivisions of legal entities

Liquidation of establishment institutions is exercised on the decision of founders or court in accordance with Civil Code of the Republic of Belarus, presentLawor other legislation.
In case of liquidation of foundation on the decision of founder in the Ministry of Justice of the Republic of Belarus is applied:

statement of liquidation in form provided by the Ministry of Justice of the Republic of Belarus, with information about order and terms of liquidation, the composition of liquidation commission, its chairman or appointment of liquidator;
decision on liquidation.

On the basis of documents, specified in sub-paragraph 2 and 3 of paragraph 2 of present article, the Ministry of Justice of the Republic of Belarus:

within three working days from the day of receipt of this document introduced the information about foundation’s liquidation process into the Unified State Register of legal entities and individual entrepreneurs;
within working day after the day of receipt of these documents gives notice about the beginning of liquidation procedure to taxes and customs bodies, bodies of the Social Security Fund of the Ministry of Labor and Social Protection of the Republic of Belarus, Belarusian Republican Unitary Insurance Company “Belgosstrakh” (its separate subdivision). These bodies (organizations) provide documents specified in sub-paragraph 3 of paragraph 5 of present article to the Ministry of Justice of the Republic of Belarus, in order, defined by the Council of Ministries of the Republic of Belarus.

After approval of liquidating balance, liquidation commission (liquidator) provides the Ministry of Justice of the Republic of Belarus with:

seals of foundation or statement that seals were unmade, or information about publication of advertisements of their loss;
liquidating balance, which is signed by the members of liquidation commission (by liquidator) and approved by the founder of foundation;
original charters of foundation and certificate of state registration or statement of their loss with information about publication of advertisements of their loss;
copy of publication about liquidation of foundation, order and terms of claiming under own rights of creditors in mass media.

The Ministry of Justice of the Republic of Belarus makes record in the Unified State Register of legal entities and individual entrepreneurs about exclusion of foundation from this Register when:

documents for liquidation specified in paragraph 4 of present article were provided by liquidation commission (liquidator);
bodies (organizations), specified in sub-paragraph 3 of paragraph 3 of present article, have not presented notes, that foundation is in debt to the budget, including payments collected by customs bodies, the Social Security Fund of the Ministry of Labor and Social Protection of the Republic of Belarus, on compulsory industrial accidents and professional diseases insurance, or information about obligations to customs bodies which were not terminated, and from the day of giving notice about beginning of liquidation procedure of foundation by the Ministry of Justice of the Republic of Belarus has passed not less than thirty five working days or was presented notes about the absence of relevant debt of foundation and information about the absence of obligations to customs bodies which were not terminated;
relevant archive have presented the information about retirement of records, including records on stuff.

If foundation is in debt to the budget, has obligations to bodies (organizations), specified in sub-paragraph 3 of paragraph 3 of present article, which have not terminated, specified in sub-paragraph 3 of paragraph 3 of present article, and if it did not make retirement of records, including records on stuff, the exclusion of foundation from the Unified State Register of legal entities and individual entrepreneurs is only possible after presentation of documents which prove relevant facts.
Separate subdivision of legal entity terminates its activity on the decision of head of legal entity, where the separate subdivision was created, which provides mediation proceedings.
Legal entity, where the separate subdivision was created, which provides mediation proceedings, when such subdivision terminates its activity, within five days from the day of making relevant decision, applies the statement about deregistration of separate subdivision of legal entity in relevant central administration of Justice with copies of decision on termination of its activity and certificate of registration of this separate subdivision of legal entity. On the basis of these documents relevant central administration of Justice makes record of deregistration of separate subdivision of legal entity in the journal of account of legal entities, where separate subdivisions, providing mediation proceedings were created.
Information about deregistration of separate subdivision of legal entity and others changes reported to the Ministry of Justice of the Republic of Belarus by relevant central administration of Justice within five days.

Article 9.Register of mediators and Register of organizations providing mediation proceedings

Information about mediators, who have the certificate of mediators, must be recorded in the Register of mediators. Procedure for conducting of Register is determined by the Ministry of Justice of the Republic of Belarus.
Register of mediators is formed on the basis of information about people, who have got the certificate of mediator and people, in whose regard was made a decision on termination of validity of mediator’s certificate.
Information about organizations providing mediation proceedings must be included in the Register of organizations providing mediation proceedings. Procedure for conducting of Register is determined by the Ministry of Justice of the Republic of Belarus.
Register of organizations providing mediation proceedings is based on the information about state registration of establishment institutions, amendments and (or) supplementation of the charter, registration of separate subdivisions of legal entities, liquidation of establishment institutions, deregistration of separate subdivisions of legal entities.

Article 10. Mediation agreement

Mediation agreement is concluded in written form.

Mediation agreement is deemed to be concluded, if it is contained in document signed by parties, or concluded by exchange of messages using the postal service or other types of communication, which provide written fixation of parties’ willingness, including the complaint, statement of claim and the responses to them, in which one party offered to settle the dispute through mediation, and the other party expressed the agreement on the use of mediation. Proposal to settle the dispute through mediation could be made by mediator at party’s request.

Parties to mediation agreement could be persons enjoyed full legal capacity and (or) legal entities.

The authority of party’s representative to conclude mediation agreement must be contained in warrant.

Mediation agreement must contain provision that all or particular disputes, which aroused out of parties’ relationships, should be settled through mediation, information about mediator (mediators), terms and place of mediation’s proceedings, mediator’s fee.

Mediation agreement could also contain other provisions agreed by the parties.

On parties’ agreement in mediation agreement amendments and (or) supplementation could be made, and also mediation agreement could be terminated.

In case of failing to follow requirements provided by present article mediation agreement is deemed to be void.
Actions of mediator which contradict to legislation or violate rights and legal interests of third parties may be appealed in the court.
Mediation agreement is not an obstacle for court proceeding or arbitration, unless otherwise stipulated by legislative acts.

Article 11. Suspension of the limitation period

Running of the limitation period for claims arising out of the rights and obligations, which are the subject of dispute between the parties, are suspended from the date of conclusion of mediation agreement till the termination of the mediation.

Article 12. Selection and appointment of a mediator

Parties select a mediator (mediators) for the mediation proceedings on mutual agreement.
At parties’ request for selection of mediator organization providing mediation proceedings could provide the information about mediator (mediators) in order provided by rules of activity of organization, providers of mediation.

Article 13. Mediation proceedings

Mediation proceedings are carried out in order and in accordance with conditions determined by the parties’ agreement with mediator, and also in accordance with rules of mediation proceedings approved by the Council of Ministries of the Republic of Belarus, Ethics rules of mediator, meeting the requirements of presentLaw and others legislative acts.
Mediator is not entitled to introduce proposals of dispute resolution, and also toLawas an arbitrator in the dispute which is the subject to mediation, unless otherwise agreed by the parties.

Mediator is authorized to conduct joint and separate sessions with the parties. Provided that mediator has no right to put at an advantage any party as well as diminish rights and lawful interests one of the parties by his actions.

Terms of mediation procedure cannot exceed six months from the date of conclusion of mediation agreement.

Article 14. Termination of mediation

Mediation is terminated:

in regard of conclusion of mediative agreement;
upon the expiration of terms of mediation, defined by mediation agreement, and in cases of mediation on disputes being on the court resolution – at the end of the period stipulated by the procedural legislation;
by written statement of party (parties) to mediator, about refusal to continue mediation;
in other cases provided by present Act, others legislative acts, or rules of mediation proceedings.

In case provided by sub-paragraph 4 of paragraph 1 of present article, mediation is terminated from the day of application of relevant statement, about what mediator no longer than the next day after its receipt is obliged to inform the other parties in written.

Article 15. Mediative agreement

Mediative agreement is concluded by the parties in written form and it must contain information about parties, mediator, the subject of dispute, obligations of the parties connected with the settlement of dispute and terms of their fulfillment. Mediative agreement is signed by the parties and mediator.

The authority of party’s representative must be expressly determined in the warranty.

Mediative agreement must not contradict to legislation or violate the rights of third parties.
Mediative agreement is performed under the principles of voluntariness and fairness of the parties. Consequences of non-performance of meditative agreement could be determined by the parties in meditative agreement.
Enforcement of meditative agreement is carried out in order prescribed by procedural legislation.
Mediative agreements do not enforceable in order provided by procedural legislation, if:

they do not approved by the court as settlement agreement of disputes, which are tried, in order provided by civil procedural legislation;
they do not correspond to the requirements of economic procedural legislation about settlement agreement;
they were concluded with mediator which is not included in the Register of mediators.

Protection of rights violated as result of non-performance or improper performance of mediative agreement is exercised by the ways prescribed in legislation acts.

Article 16. Confidentiality of information referred to mediation

During mediation proceedings confidentiality of information referred to mediation is kept, unless otherwise agreed by the parties, except information about conclusion of mediation agreement and termination of mediation.
Mediator has no right to disclose information referred to mediation and which became known for mediator during mediation proceedings without written agreement between the parties.

If mediator has got the information referred to mediation from one party, he could disclose such information to the other party only with the permission of the party provided this information.

The parties, the mediator, as well as other persons involved in mediation, regardless of whether the related trial, arbitration with the dispute which was the subject of mediation, may not referred, unless otherwise agreed by the parties, in judicial and arbitration proceedings on the information obtained during the mediation, about:

opinions or proposals, made by one party in regard of possible settlement of dispute, as well as about readiness of one party to accept proposal of the other party to settle the dispute;
statements and confessions made by one party.

Article 17. Mediator’s fee

Mediator is entitled to get mediator’s fee, the amount of which is determined by the parties’ agreement. Expenses on payment of fee are divided between the parties equally, if another order is not provided by parties’ agreement.

Article 18. Measures of implementation of provisions of present Law

To the Council of Ministries of the Republic of Belarus together with the Supreme Economic Court of the Republic of Belarus, the Supreme Court of the Republic of Belarus, the National Centre of Legislation and Legal Research of the Republic of Belarus within six months shall:

provide the legislative acts in accordance with this Law;
take other measures to implement the provisions of this Law.

Article 19. Entry into legal force of present Law

PresentLaw enters into legal force in following order:

articles 1 – 17 from six months after official publication of present Law;
others provisions – after official publication of present Law

The President of the Republic of Belarus A. Lukashenko

Law on mediation