At the moment in Armenia there is no Law on Mediation. However, it did not become an obstacle to the mediation appearance in this country.
ABOUT MEDIATION IN ARMENIA
Mediation in Armenia has started because of legal and judicial reforms in the country began. The purpose of introducing mediation was to reduce the burden on the judicial system of the country. The Civil Procedure Code, the Family Code and the Civil Code of the Republic of Armenia content the main legal regulations of the mediation procedure.
Peculiarities of Mediation in Armenia
There are extrajudicial and judicial forms of mediation in Armenia.
Agreement on mediation may be concluded between parties in connection with specific civil, work or family legal relations about the settlement of all or certain existing or potential disputes through mediation. A dispute cannot be handed to arbitration, if it is examined through mediation. Also a dispute cannot be handed to arbitration if there is a mediation agreement about it, and there is still a possibility to settle the dispute based on that agreement.
At any stage of procedure in the first instance or appellate court, the court is entitled, with a view of reconciling the parties upon the agreement of the parties or through mediation, to appoint a mediatory process with the participation of a licensed mediator.
The procedure of mediation is voluntary. Each of the parties as well as mediator can terminate the process of mediation at any time.
For the parties that have resolved their dispute by the virtue of mediation procedure, it is possible to return the state duty paid by them when applying to the court.
Sphere of Application
Mediation in Armenia can be applied to disputes arising from civil, labor, family and other legal relationships, as well as in criminal cases and in executive proceedings.
A reconciliation agreement concluded in the result of the court-assigned mediation shall approved by the court, unless the reconciliation agreement includes a confidentiality condition, on which mediation parties have agreed to terminate the case without approval of the reconciliation agreement
If the reconciliation agreement in the result of mediation has been concluded out of the court, by participation of a licensed mediator, than each party of the mediation is entitled, within six months after concluding the reconciliation agreement, to apply to the court of general jurisdiction of his/her place of residence with a claim to approve the reconciliation agreement between the parties by the court.