Mediation

What is Mediation

Mediation is an informal and confidential method of settlement of business conflicts with the participation of a third-party mediator – an experienced negotiator. He helps the parties to find a mutually acceptable solution in their dispute, contributes to the conflict settlement, compromise or mutual understanding. Mediation is usually the best alternative to legal proceedings.

There are no losers in the mediation process. I conduct negotiations based on the Harvard Win-Win negotiation strategy, which has no losers.

The mediator does not judge or advise, but simply helps the parties find ways to reconcile the dispute with the help of special psychological and negotiation skills and experience that they have as an experienced negotiator.

The mediator is not just a negotiator. This is a person who has completed special training, he has knowledge in law, psychology, and life experience. The mediator acts as a disinterested and neutral person in relation to all parties. He organizes the negotiation process, creates an opportunity for communication, helps participants listen and hear each other, and find the most mutually beneficial ways out of the current situation.

Advantages of Mediation

Mediation is a quick way to resolve disputes. Proceedings that may take months or years in court can be settled out of court in a few days or weeks.

The mediation process is confidential. While the courts are public and information about your business and personal affairs becomes publicly available, the mediation process takes place in a private and convenient place and time for the parties.

Mediation is cheaper than other forms of dispute settlement. The cost of conducting mediation negotiations starts from 200 rubles, depending on the duration of the procedure. While the minimum amount of state duty in the state economic court is 675 rubles, and for large claims -5 % of the amount of the claim, without taking into account the time and expenses for lawyers, attorneys, etc., which both parties incur.

Mediation makes it possible to maintain good relations and goodwill between the parties because it allows the parties to approach the dispute together and find a mutually acceptable result.

Who needs a mediator

A well-trained Mediator acts as a third ear, not a third voice. His role is to organize, assist, and navigate between conflicting parties. As a Mediator, I am well versed in the real and assumed needs of the parties, will help you find the deep goals of the disputing parties and guide the conversation to a mutually acceptable solution. My main goal is to focus on solving problems for both parties in a supportive and confidential environment, free from threats or intimidation. So that both parties hear each other and find a mutually acceptable solution to the business problem.

Where to start

To start the mediation procedure, the parties need to agree on this among themselves and sign an agreement with me on the use of mediation.Such an agreement can be signed both before and after recourse to the state economic court.

When choosing a mediator, you should build on the experience of those you trust. Consult with your friends and partners. It is also important to study the qualifications of a mediator and personally communicate with the mediator. Arrange a meeting with the mediator and ask him questions. Answer the question: does the mediator inspire confidence in you? Trust is one of the foundations of mediation.

Call me and I will save you time, nerves and money. By choosing me as a mediator, you get a friendly atmosphere, complete confidentiality, a new insight into the dispute, and mutual satisfaction of your interests.

 APPROVED
Decree of
The Ministry of justice of
The Republic Of Belarus
17.01.2014 # 15

The RULES of mediator’s ethics

CHAPTER 1
GENERAL PROVISIONS

1. These Rules are adopted in order to strengthen the foundations of the mediator’s activity, improve the quality of mediation, as well as to ensure compliance with the basic principles of mediation. They are a set of rules that define the requirements for the mediator.

2. The mediator shall comply with the law, promote the preservation and enhancement of his/her prestige and the prestige of the mediation institution, and be guided by ethical principles in his/her behavior in society.

3. In situations not regulated by these Rules, the mediator shall observe established customs and traditions that correspond to the general principles of morality in society.

CHAPTER 2
THE MEDIATOR’S ACTIVITIES

4. When conducting mediation, the mediator shall comply with the following basic principles of mediation established by article 3 of the Law of the Republic of Belarus of July 12, 2013 On mediation (National legal Internet portal of the Republic of Belarus, 23.07.2013, 2/2056): voluntariness; good faith, equality and cooperation of the parties; impartiality and independence of the mediator; confidentiality. The mediator's participation in mediation contributes to creating an atmosphere of trust, confidence, security, and equality of the parties.

5. The principle of voluntariness is the right of the mediator, the parties (representatives of the parties) to refuse to participate in mediation at any stage of its conduct. The mediation agreement is subject to execution on the basis of the principles of voluntariness and good faith of the parties.

6. The principle of good faith and impartiality is that the mediator has no vested or other interest (direct or indirect) in the result of mediation. The mediator shall inform the parties about the circumstances that prevent him from performing his functions. The mediator provides each party with an opportunity to express their opinion on the causes of the dispute and the goals the parties intend to achieve through mediation.

7. The principle of independence consists in the inadmissibility of interference in the activities of the mediator, putting moral psychological and other pressure from anyone.

8. The mediator should show a benevolent attitude to each of the parties, facilitate their cooperation, and assist the parties in a consistent exchange of documents, information and messages on the issues under discussion.

9. The principle of equality is the mediator’s duty to ensure equal participation of the parties in mediation. In this case, the mediator does not have the right to put any of the parties in a preferential position, as well as to diminish the rights and legitimate interests of one of the parties.

10. When mediating, the principle of confidentiality of all information related to mediation is maintained, unless the parties have agreed otherwise, except for information about the conclusion of agreements on the use of mediation, on the termination of mediation. The mediator may not disclose information related to mediation that became known to him during its conduct, without the written consent of the parties. If the mediator has received information related to mediation from one of the parties, he may disclose such information to the other party only with the consent of the party that provided this information.

11. The parties, the mediator and other persons participating in the mediation, regardless of whether legal proceedings, arbitration with a dispute which was the subject of mediation, cannot make a reference to information obtained during the mediation, the opinions or suggestions made by a party in respect of a possible settlement of the dispute, as well as to the willingness of one party to accept the offer from the other party on the settlement of the dispute, statements and confessions made by one of the parties in the course of legal or arbitration proceedings in the course of legal or arbitration proceedings unless the parties agree otherwise.

CHAPTER 3
CULTURE OF COMMUNICATION

12. When conducting mediation, the mediator shall comply with the following requirements:

12.1. contribute to the creation of an atmosphere of trust, confidence, security and equality of the parties, mutual respect during the negotiations;

12.2. refrain from actions, statements and actions that could compromise him, discredit the mediation institution and its basic principles;

12.3. show patience, respect and politeness towards the parties, their representatives, and other participants in mediation;

12.4. listen carefully and actively to the parties, analyze and summarize information, manage the negotiation process, motivate the parties to search for mutually acceptable options for settling the dispute;

12.5. not express (word, gesture, facial expressions, emotional state) his attitude to the parties in any way;

12.6. show a conscientious attitude to the performance of his duties, commitment and punctuality, ensure optimal organization of his work;

12.7. when performing duties, observe a business manner in communication, еру business dress code.                                                    

CHAPTER 4
MEDIATOR’S RELATIONS WITH PERSONS INVOLVED IN MEDIATION

13. To assist the parties in resolving the dispute the mediator shall be entitled to:

13.1. familiarize himself with the materials of the dispute;

13.2. examine the documents submitted by the parties. When performing the mediation agreement, the mediator proceeds from the presumption of the authenticity of documents and information provided by the parties to the mediation agreement;

13.3. invite the parties to submit additional documents if necessary;

13.4. get the necessary consultations from specialists;

13.5. assist the parties in the consistent exchange of documents, information and messages on the issues under discussion;

13.6. conduct individual negotiations with each of the parties;

13.7. invite the parties to develop and discuss several options for settling the dispute (the best, acceptable, undesirable);

13.8. at the end of mediation, explain to the parties the consequences of entering into a mediation agreement, as well as the failure to reach an agreement;

13.9. refuse to conduct mediation if the party (s) to the agreement does not fulfill their obligations.

14. The mediator shall:

14.1. conduct mediation in the manner and on the terms determined by the parties under the agreement with the mediator, as well as according to the Law of the Republic of Belarus On mediation, the rules of mediation approved by the decree of the Council of Ministers of the Republic of Belarus of December 28, 2013

#1150 (National Legal Internet Portal of the Republic of Belarus, 05.01.2014, 5/38236), these Rules;

14.2. verify the authority of representatives of the parties to participate in mediation and conclude the mediation agreement;

14.3. inform the parties of all known existing or potential conflicts of interest in this case.

Conflict of interest – actions or relationships that may give the impression of the mediator’s possible favor of one of the parties.

15. The mediator may not:

15.1. make proposals to the parties on the settlement of the dispute, as well as, if the parties have not agreed otherwise, act as an arbitrator for the dispute that was or is the subject of mediation;

15.2. conduct mediation if the mediator's certificate is terminated and in other cases stipulated by The law of the Republic of Belarus On mediation, other legislative acts or Rules of mediation.

CHAPTER 5
RELATIONS BETWEEN MEDIATORS

16. The mediator builds relationships with other mediators on the basis of mutual trust, respect, cooperation and support.

17. The mediator shall not use the unfair forms of competition, publicly belittle the competence and authority of other mediators.

18. The mediator shall:

18.1. show respect for other mediators, their personal, business and public reputation;

18.2. be considerate and tactful towards other mediators;

18.3. refrain from actions, statements and actions that may compromise him or other mediators.

CHAPTER 6
MEDIATOR'S RESPONSIBILITY

19. The mediator’s actions that contradict the law and violate the rights and legitimate interests of third parties may be appealed in court.

20. Violation of these Rules by the mediator twice within 12 consecutive months shall result in termination of the mediator’s certificate. The decision to terminate the mediator’s certificate is made by the Ministry of justice in accordance with the procedure established in the Provision on the qualification сommission for mediation, approved by resolution of the Council of Ministers of the Republic of Belarus of December 31, 2013 # 1184 On some measures to implement the law of the Republic of Belarus On mediation (National Legal Internet Portal of the Republic of Belarus, 12.01.2014, 5/38275)

How the cost of services is generated

The cost of conducting mediation negotiations is from 200 rubles for one mediation session up to 1 hour. The cost of further mediation is 120 rubles for each hour of the mediator’s work. While the minimum amount of state duty in the state economic court is 675 rubles, and 5% of the amount of the claim for large claims, excluding the time and expenses on lawyers, barristers, which both sides also bear, etc.

Thus, mediation is much cheaper than other forms of dispute settlement.

What is included in the price

The price includes the preparation of the mediation agreement, applications to the economic court to leave the claim without consideration, the organization and conduct of negotiations between the parties based the Harvard win-win strategy, and the preparation of a final mediation agreement based on the results of successful negotiations between the parties. The win-win strategy means winning without losers. I will help you find a solution both sides are comfortable with. No one will lose in the negotiations.

The parties pay the mediator's remuneration jointly in any proportion.

When determining your choice, pay attention first of all not to the cost, but to the value that you get for this amount.

For example, a low-skilled lawyer with experience may not bring the parties to an agreement in one session, which means that the total costs will be higher. In addition, success in one dispute does not mean the absence of subsequent counterclaims, for which you will also have to hire lawyers, which means that you will incur expenses again.

My qualification is confirmed by the certificate of a mediator and based on more than 15 years of experience in resolving various legal conflicts as an intermediary, conciliator, mediator and finally 10 years as a judge.

Contact me for the services of a mediator, and you will settle the conflict comprehensively, while maintaining a good partnership with the second party.