The Law on Mediation of the Republic of Belarus entered into legal force in 2014. At the moment, more than 500 mediators are recorded with the Register of Mediators. Mediation practice is in the process of developing, specialized centers are aimed at promoting this institution throughout the country.
ABOUT MEDIATION IN BELARUS
The legal basis for Belarusian mediation is the Law on Mediation. In addition to this law, mediation in regard to tried disputes is subject to procedural codes. There are also rules for mediation carried by the Government, and a number of acts of the Ministry of Justice, which is the regulator of the institution of mediation.
Peculiarities of Belarusian Mediation
Facilitative mediation was enshrined at the statutory level in Belarus. Mediation can be used in both cases: out of the court disputes and tried disputes.
The rules of Belarusian law do not establish cases of compulsory mediation or pre-trial meeting with the mediator, except for cases when the parties made provision for a mediation clause.
Also, the court does not have the right to order the parties to use mediation, the court has only the obligation to clarify to the parties their right to resolve the dispute in mediation.
There is the possibility of compulsory execution of mediation agreements reached in the commercial mediation.
There are also stipulated benefits for payment of state duty. In particular, if the parties have resolved the dispute within the framework of mediation, from 25% to 50% of the previously paid state duty should be returned. For the period of mediation procedure, the limitation of actions is suspended.
Sphere of Application
The list of disputes that can be resolved in mediation procedure is regulated by the Law on Mediation. Disputes arising from civil legal relations, including economic legal relations, as well as disputes arising from labor and family legal relations can be resolved in mediation. Mediation in regard to disputes with government bodies is not allowed.
The mediation agreement must be in writing. If mediation was conducted in regard to tried disputes, then the mediation agreement is not a final document. On its basis, the court draws up and approves the settlement agreement.
The possibility of compulsory execution of mediation agreements is provided for commercial disputes.
Status of the Mediator
In Belarus, the mediator has the right to carry out his activities after receiving the mediator’s certificate from the Ministry of Justice and including him in the Register of Mediators.
At the same time, this certificate can be obtained by a person with a higher education and having completed a training course for mediators, or having experience as a judicial conciliator.
The mediator has the status of an independent person, and he is also granted witness immunity in respect of information obtained during the mediation process.