For the participation of the mediator (mediation procedure). Statement on the practice of stoking the Federal Law “On an alternative procedure for resolving disputes over the participation of an intermediary (mediation procedure) Federal Law on mediation 193 fz
Mediation (mediation)
Mediation or mediation is the procedure of reconciliation for the participation of the mediator. Vaughn in an alternative (possible) way of solving conflicts, differences and super-cookies, which vinicled in the sphere of commercial investments, directing them to the development of mutually sympathetic or mutually accepting minds of their virishence and kindly laying down by the parties to please the minds.
In the course of the conciliation procedure, the parties selected a person (or a board of judges - conciliators-mediators) to give the parties an independent and unsupervised help in their efforts to reach a peaceful settlement of their superechki. The cost of a conciliatory procedure is to establish negotiations for the participation of an intermediary (mediator) as a third neutral side, as an adjunct to the parties that are conversing, mutually (otherwise, accepting, mutually accepting) to regulate the dispute (conflict), which is the culprit.
The privatility of the conciliatory procedure is swayed by low prestige. Tse mozhlivіst dobrovіlno zvernutisya to primirlivoї procedure is for participation poserednika, samostіyny vibіr poserednika, bezumovna neytralnіst i neuperedzhenіst poserednika, rіvnopravnіst storіn, konfіdentsіynіst vsієї procedure is pov'yazanih іz her materіalіv, ekonomіchnіst PROCEDURE poserednitstva, mozhlivіst zberegti partnerskі vіdnosini mіzh parties.
The parties may have the right to be, if they wish, to proceed with a conciliatory procedure.
Satisfaction about the regulation of the dispute is laid down for the benefit of both sides, and not imposed by the mediator. It is possible to protect different conditions, as if it were connected with a previous contract (for example, directing to a change in borg, stitching, or replacing a penny goiter with a natural one), so a new goiter will be more beneficial, as a result, it will be more beneficial for potentially by them zdijsneni.
The mediator and the parties are liable to respect the confidentiality of all food, which are part of the conciliation procedure. Confidentiality may be expanded for the sake of the parties, reached as a result of the conciliation procedure, for a little silence in the world, if the silence of other positions is necessary for this victory.
Mediation is absolutely new for today's Russia with the mechanism of court regulation of disputes. From 1 September 2011 Russian Federation having entered into law Federal Law of July 27, 2010 No. 193-Φ3 "On the Alternative Procedure for Regulating Disputes over the Participation of an Intermediary (Mediation Procedure)" (hereinafter referred to as the Law on Mediation). The method of this Law is the creation of legal minds for the establishment in the Russian Federation of an alternative procedure for regulating disputes over the participation of an intermediary of an independent person - a mediator (mediation procedures). With yoga analysis, the UNCITRAL Model Law was taken as the basis, recommendations from 2002. The General Assembly of the United Nations to the powers - members of the United Nations as an occasion for praise on the basis of national laws.
VІDPOVIMY BEFORE THE LAW PRODUCTION PROCEDURE MOVA MOZE WILL TO SPIRIV, SHO VINKYYUTING IZ Tsivіlniy Delvіdnosin, in that numerics of the ZVDPRYOMNIKO, and the O. Ekonio Dyalnostі, and Torozhe, Scho Vinovіdnosin, Scho Vinovіdnosin. The procedure of mediation can be stopped after the superechok is blamed, which are considered in the order of civil litigation and litigation in arbitration courts.
Vіdpovіdno up to paragraph 3 of Art. 2 Law on mediation mediator it is recognized as an independent physical person who is found by the parties as a mediator in settling a dispute.
The role of a mediator can be assessed both on a professional and non-professional basis.
Individuals, who have reached the age of 18 years, may be fully active and not have a criminal record.
To increase the activity of mediators on a professional basis can only be individuals who are not younger than 25 years old, so they can become professionally trained and have completed a training course for the training program for mediators, approved by the procedure established by the Order of the Russian Federation. In case of regulation of disputes that are submitted to the court before them, as if they were going to mediation, professional mediators can only do so.
Individuals cannot be mediators, as they replace the state settlements of the Russian Federation, the state settlements of the subjects of the Russian Federation, the settlement of the state civil service, the settlement of the municipal service, as it is not otherwise permitted by federal laws.
The mediator has no right: be a representative of any party; nadavat be-yakіy side juridical, consulting chi іnsha help; zdіysnyuvati dіyalnіst dіyalnіst dіyalnіstі, yakshcho nіd hоrno dіyalnії іnії іn іn іn specially (directly chi pozadkovanno) tsіkavleniy іїї її її її її zakrema sladєєєє z svoiuє є є є odnіієyu zі storіn, і іnіtіnі vіdnosynyh; work without favor of the parties of the community, declare a day-to-day dispute.
MEDIATOR TAYSNYY DYYALNIBE IZ OZSNYUNYE CONDUCTION PROMUCH MEDIATSIA, carry Vіdpovіdalnіsti before the sides of Skoda, pecks of the parties to Vnaslіysnenna Zondasy Diyalnosti, in the order, inclined in-law.
The mediation procedure should be carried out on a voluntary basis and be carried out on the basis of the consent of the parties (mediative warning) about the request for such a procedure (Article 7 of the Mediation Law). This please can be put in the letter form, either before the vindication of the dispute (mediative warning), or after the first vindication (clause 5, article 2 of the Law on mediation).
Pleased about the conduct of the mediation procedure may take revenge on the subject of the dispute; about the mediator, mediators, or about the organization, how the work is carried out due to the security of the mediation procedure; the order of the mediation procedure; about the participation of the parties in vitrates, related to the conducted mediation procedures; terms of the mediation procedure.
At the same time, the parties agreed to stop the mediation procedure and the term goiter that was carried out for the purpose of carrying out the term goiter did not go to court, or to the arbitration court for the settlement of the dispute, which viniclo or can be vindicated between the parties, the court or the arbitration court to the force of the law that hour, until you wash your goiter of anything, slander the vicons, you will fall, as if on one side it is necessary, on a thought, to defend your rights.
If the dispute is submitted for consideration to the court or the arbitration court, the parties can stop the mediation procedure, whether it be mitigated, until a decision is made on the dispute, either by the court of arbitration or by the arbitration court. Vіdkladennya razglyadu inquire about superechku from the judge to the arbitral tribunal, and navіt skoєnnya іnshih procedural duties are recognized by procedural legislation.
During the mediation procedure, the confidentiality of all information that is brought before the appointed procedure is protected. The mediator does not have the right to speak out the information that comes before the mediation procedure and became home during the hour of the mediation, without the benefit of the parties.
The mediation procedure can be stopped when the dispute is blamed, both before the court or the arbitration court, so after the beginning of the court review or the arbitration review, in addition to the proposition of the court or the arbitration court.
Please let us know about the delay in the mediation procedure, and also due to it without intermediary conduction of the procedure, not a reshuffle for filing before the court or the arbitration court, as it is not otherwise transferred by federal laws.
The conduct of the mediation procedure starts from the day the parties agree to the completion of the mediation procedure. As if one of the parties sent in a written form a proposition about annulment before the mediation procedure and for a stretch of 30 days from the day of the referral, or by stretching another reasonable term designated by the speech, did not take away the benefit of the other side for the stosuvannya of the mediation procedure, such a proposition.
The procedure for conducting the mediation procedure is established in accordance with the conduct of the mediation procedure, including the provisions on the rules for the conduct of the mediation procedure, approved by the competent organization, in order to carry out the activities of the safe conduct of the mediation procedure.
The mediator does not have the right to introduce, as the parties did not agree on anything else, propositions about resolving the dispute. Through the exercise of the procedure of mediation, the mediator can strum and trim the ties as if by the parties at once, as well as from the dermal side of them.
Under the hour of the mediation procedure, the mediator does not have the right to put his actions on the side of the most important camp, as if to apply legal and legitimate interests of one of the parties.
If the terms of the mediation procedure are deemed acceptable for the mediation procedure, the mediator of the other party is responsible for all possible visits to complete the procedure for a period of 60 days. In vinyatkovyh vpadkah zv'yazku zі klіznіstyu razvyazannya spore, znіbіdnіstyu otrimannya dodatkovї іnformatsії аbо documents іn termіnіnіnі procedіvі medіatsії mozhe buti zbіlshenija for domlenіstyu storіnistyu storіnі і for zgodoyu mediatora.
The term of the mediation procedure is not guilty of revisiting 180 days, but the term of the mediation procedure is blameless after the dispute is submitted to the court or arbitration court, if it is not revisited 60 days.
The mediation procedure is attached to the established parties of the mediation agreement, or to the agreement of the parties about the application of the mediation procedure without reaching the obvious differences, or the termination of the term of the mediation procedure.
Mediation favors the plea in a letter form and is guilty of revenge on the parties, the subject of the dispute, the mediation procedure was carried out, the mediator, and also the parties agreed to goiter, wash that line of vikonannya.
Mediative piety is based on the principles of goodwill and the summation of the parties.
Vіdpovіdno up to paragraph 3 of Art. 12 The law on mediation is mediated by the parties as a result of the mediation procedure, carried out after the transfer of the dispute to the court or the arbitration court, may be confirmed by the court or the arbitration court, as a settlement of the peace, before the procedural law or the law on arbitration, arbitration.
At paragraph 4 of Art. 12 The law on mediation stipulates that the mediation is pleasing to the dispute, that the vinicla of civil law is reached by the parties as a result of the mediation procedure, carried out without transferring the dispute to the consideration of the court or the arbitration court, and obov'yazkіv storіn. Until such a please, the rules of the hromadaian legislation on accession, on innovation, on forgiveness of the borg, on the sound of the stunner of uniform vimoga, on the exodus of shkoda can be stagnated. The defender of rights, violated in the past by the nevikonannya, or the improper vikonannya of such a mediative land, is enforced by the laws, transferred by the civil legislation.
At the same time, the Law on mediation was adopted and typing chivalry. federal law"On the alternative procedure for resolving disputes over the participation of an intermediary (mediation procedures)", which introduced amendments to the Civil, Arbitration Procedure, Civil Procedure Code and the Federal Law "On Arbitration in the Russian Federation".
Vrakhovyuchi, that the Chamber of Commerce and Industry of the Russian Federation is the central organization that represents the interests of all business levels and embraces all areas of business, in 2006. at the Chamber of Commerce and Industry of the Russian Federation, the Collegium of Mediators was created.
The Collegium of Mediators for Conducting Conciliation Procedures at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the Collegium of Mediators) is an independent and permanent judicial institute for the regulation of commercial disputes.
The basis for the legal status of the Board of Mediators was established by the Regulations on the Board of Mediators for conducting conciliation procedures at the Chamber of Commerce and Industry of the Russian Federation, approved by the order of the Chamber of Commerce and Industry of the Russian Federation dated 30.12.2008 No. 72, and by the Regulations for conducting conciliation procedures with the participation of the President of the CCI, with the participation of the mediator5. .2006 No. 32 (hereinafter referred to as the Regulations). Nini Regulations are amended, approved by the order of the Chamber of Commerce and Industry of the Russian Federation dated December 30, 2008 No. 72.
"Until the order is violated by the law under the agreement (please), all super-checks that are blamed for this agreement (please) or for communication with it, are transferred by the parties for regulation to the Collegium to mediate the conduct of conciliation procedures at the Chamber of Commerce and Industry Russian Federation" .
Vidpovidno to the Rules of the party, if they claim to regulate the conflict, rozbіzhnіst or super-winning for the participation of the mediator, who is the culprit between them, go to the Board of mediators from a joint application for a conciliation procedure.
The application is guilty of: name of the parties, addresses, phone numbers, faxes, e-mail addresses; prizvischa, names, according to the father's upovnovazheny representatives, as such; short description the cost of the dispute, which includes the assessment of її vartosti; the nickname, im'ya, according to the father, is assigned by the parties of the mediator, or the splne prohannya about the recognition of the mediator from the appointments could have been yogo qualification. Before the application, proof of payment of the registration fee prescribed by the Regulations on the collection and participation of the Board of Intermediaries for the conduct of conciliation procedures at the Chamber of Commerce and Industry of the Russian Federation is added.
The conciliatory procedure, as the parties did not agree on anything else, is carried out by one mediator.
The mediator is treated by the parties from the list of members of the Collegium of Mediators, or for the mutual benefit of the parties, they are promoted by the parties themselves. Even though at 30-day lines from the day of the due date, the parties did not decide on the candidacy of the mediator, the mediator is appointed by the head of the Collegium for the improvement of the parties, as such statements.
The mediator does not have the right to accept the handover of the conciliation procedure without mediation between the parties.
Vibranium or appointments, the intermediary gives a subscription to be neutral, independent and unforgiving, to respect the confidentiality of any information that has become your home during the conciliatory procedure.
If there is any reason to choose or appoint an intermediary, for some reason you cannot reconcile the procedure, or continue the conciliatory procedure, the head of the Collegium appoints another mediator, as the parties did not agree on anything else.
After the presentation of evidence of payment of the registration fee, the mediator from the parties decides to consult on the conduct of the conciliation procedure.
Meta consultations - explaining the dispute and positions of the parties; vyznachiti nebhіdnі ta po'yazanі z superechku documents; think ahead of time, help that favored party before the conciliation procedure is carried out and її results; designate the place, the hour of the beginning of the conciliation procedure and the final term of the conciliation procedure.
In the course of consultations between the parties, an agreement is made, in which, zokrema, a rozmіr is established, the procedure for paying the fee is divided between them, and the withdrawal from the conciliation procedure carried out by this world, which is allowed by the Regulations and the Regulations on the collection and payment.
Pіslya completion konsultatsіy priznachaєtsya day of primirnoї procedures for dwellers zabezpechiti Maximum mozhlivіst uchastі in nіy kerіvnikіv organіzatsіy, іndivіdualnih pіdpriєmtsіv abo іnshih gromadyan, SSMSC Je parties scho sperechayutsya, while razі nemozhlivostі osobistoї uchastі zaznachenih osіb - predstavnikіv have chiєmu bezposerednomu vіdannі znahoditsya blame for the reconciled nutritional procedure.
The conduct of the conciliation procedure begins with a re-verification of the rules, as if taking part in settling the dispute and reaching the satisfaction of the parties.
The mediator introduces himself to the parties and confirms his professional activity, explaining the main principles of the conciliation procedure: goodwill, equality of the parties, confidentiality, neutrality of the mediator.
The parties are informed about the role of the mediator in the reconciliation procedure with the aim of reaching the parties and about the right of the parties at any time during the conciliation procedure.
The intermediary is free to choose the method of conducting the conciliatory procedure and to achieve the greatest efficiency of organizing it on the authority's court, with the help of the Regulations.
In the course of the conciliation procedure, the parties put forward the essence of the їhnoyї superechki and make propositions about how to regulate.
As an intermediary, you pay attention to the necessary, wine to carry out rozmov from the skin side of the okremo. Information, withdrawn from one hour to one side, may be transferred to the other side only with the permission of the party, as it has provided information.
The mediator gives the parties the opportunity to discuss and formulate propositions, which, in my opinion, can lead to a settlement of the dispute.
The intermediary in the course of the conciliation procedure shows a real interest and namiri skin from the sides. In order to maintain the principles of neutrality and equality of the parties, the mediator has the right for their sake to introduce their own propositions to the extent of the dispute and the arrangement of the pleasing parties.
The favors of the parties fit into the letters of the three conciliators, the skins of which are signed by persons, as they took part in the conciliation procedures. The favor can be clearly defined and cleared up in the regulation of the dispute, goiter and skin ulcers from the parties voluntarily vikonat the favor of the designated terms and vikonannya. For the sake of the parties, the mediator will agree with the preparation of the text.
In times of blame for Timchasov's twist at the reach of mutually acceptable parties, the intermediary may have the right to impose a conciliatory procedure, thus respecting the docile. The procedure can be attached to one side of the process.
From the moment of signing by the parties, please accept the conciliatory procedure to be respected.
The same conciliatory procedure is applied:
- 1) even though through idleness, even if one of the parties to the dispute does not update the conciliation procedure in 30 days, or in a later weather term;
- 2) as far as possible, the carried out renewed after the conciliatory procedure will be recognized by the mediator, or if only one side is unpromising, or it becomes impossible from other conditions;
- 3) as soon as the deadline for settling the dispute was over, the parties did not agree on its continuation; and in some other ways.
Follow the respect that The appeal to the conciliation procedure is not the same as the pre-trial procedure of pre-trial resolution of the dispute. The practice of the ICAC at the Chamber of Commerce and Industry of the Russian Federation began to complain about the need to accept all calls for peaceful regulation of relations. Substituting for the list of inclusions to the arbitration stand, so that in different cases there are entrances for their regulation, and even if you don’t reach it, the super ticket is transferred to the ICAC at the Chamber of Commerce and Industry of the Russian Federation. In such cases of the ICAC, it appears that the right of the parties to settle the superchka by a peaceful way and optional (as the contract does not transfer anything else) does not allow the parties to the right to go to arbitration, bypassing the conciliatory procedure. In its decisions, the ICAC at the Chamber of Commerce and Industry of the Russian Federation states that such an arbitration case cannot be seen as a legal pre-trial pre-trial claim procedure. Umova about obov'yazkovy claim procedure can be directly and ambiguously shown in the contract.
- Report on the analysis of the arbitration practice of the ICAC at the Chamber of Commerce and Industry of the Russian Federation div: International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. Arbitration practice for 1996–1997. / Order. M. R. Rosenberg. M., 1998. Z. 73 (resolution dated 11 chervnya 1996, reference No. 188/1995); Practice of the International Commercial arbitration court at the Chamber of Commerce and Industry of the Russian Federation for 2001-2002. / Order. M. R. Rosenberg. M., 2004. S. 367-372, 458-462 (decision dated 07 March 2002 in reference No. 116/2001, decision issued on 10 December 2002 in reference No. 211/2001); Practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation for 2003 / comp. M. R. Rosenberg. M., 2004. S. 30-33,111-118 (decision dated September 28, 2003 in reference No. 197/2001, decision issued on September 6, 2003 in reference No. 97/2002); Practice of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation for 2004 / Order. M. R. Rosenberg. M., 2005. S. 286-293 (decision dated 3 April 2004 in reference No. 128/2002) and int.
The Supreme Court of the Russian Federation carried out a review of the practice of stoking the Federal Law on 27 April 2010. No. 193-FZ “On an alternative procedure for settling disputes over the participation of an intermediary (mediation procedure)”, as well as the information about the settlement of subjects of the Russian Federation mediation centers.
The development of conciliatory procedures is one of the top-priority direct, fully established mechanisms of the Russian Federation for the regulation of superpowers and for the destruction of the rights of citizens.
In the Federal District Systems Systems Systems Program on the 2007-2012 Rockies to get into the need for the need for the varnisher of Prisonlyvih procedures, Zasudovih Tom Dobiovih Fashion Vroyvyvnyna Sporiv, in the number of admіnstatives Nizhdnosin, Yaki Dozvivitni Navalanthum on the judisdiv і, Yak Naziddd Tsoy, Shared budgetary resources and improve the quality of the creation of justice. We transfer a wide range of mediation procedures as mechanisms for the implementation of the provisions of the laws of the Russian Federation, as they transfer the possibility of reconciliation of the parties.
Federal law dated April 27, 2010 No. 193-FZ "On the alternative procedure for settling disputes over the participation of an intermediary (the procedure for mediation)" (hereinafter - the Law), which, having gained rank from 1 September 2011, creates legal conditions for the development of the development of mediation of the Russian Federation and a practical approach to real income implementation of conciliation procedures, transferred to the names of the Federal Civil Program.
The importance of promoting the Russian legal system to the institution of mediation is greatly respected in the Message of the President of the Russian Federation to the Federal Elections of the Russian Federation on December 22, 2011. At the transfer of the letter of the President of the Russian Federation dated December 26, 2011 breast 2011 No. ВЗ-П13-9278 how to implement the main provisions of the appointed Message to find out about the need for the development of legal regulation of food for the introduction of obligatory conciliation procedures in the event of the resolution of certain types of disputes. Ninі to be carried out actively work on the preparation of the relevant projects of federal laws.
Monitoring Showing, Shcho at 2011 ROCI in 27 sub'KTs Rosіyskia Federal District of Rosіyscії (Centri, Non EuroCіini Partnership, Autonomian Non-Kommertii Organizatsії, Gromodskі Organizatsії Toscho), Yaki Zdіysniyuty Dyalnіst іz Zobrechennya Personal Medіazі's procedure.
In two regions - the Nizhny Novgorod region and the Republic of Mary El, a post-judicial organization of disputes over the participation of an intermediary (mediator) (college of intermediaries (mediators) at the chambers of commerce and industry) was created.
In addition, organizations that ensure the conduct of mediation procedures, created in 25 regions: Sverdlovsk region (five organizations), Perm Territory (order of the Association of mediators on the territory of the Prikamye municipal service of conciliation), Irkutsk region (three organizations) , as well as the Chuvaska Republic, the Republic of Bashkortostan, the Republic of Tatarstan, Altai Territory, Belgorod Region, Kaluska Region, Kemerovo Region, Kirov Region, Krasnodar Territory, Krasnoyarsk Territory, Lipetsk Region, Moscow Region, Moscow Region, Novgorod Region, Novosibirsk Region, Orenburzka region, Pskov region, Rostov region, metro St. Petersburg, Stavropol Territory, Saratov region, Ulyanovsk region (no more than one or two such organizations).
Normalna Procedure (Medіaceia) Structible Yak Alternative Procedure Challengement Sporis, Shaho Vinovyutyuyi Zivіlniy Rukovdnosin, In addition, the Nizhsniєmnitsyu із Іншенныемнымны підпримницикої, and Torzozhi, Scho Vinovіdnosin, Scho Vinovіdnosin. This procedure is based on the participation of an independent individual - a mediator on the basis of goodwill the side of that with the method of reaching by them a mutually acceptable solution by means of negotiations (paragraphs 1, 2 of article 1, paragraph 2 of article 2, article 3 of the Law).
The mediation procedure can be stopped in case of arraignment of the dispute before the trial, as well as after the beginning of the judicial review, including for the proposition of the court (paragraph 2 of Article 7 of the Law).
Vіdpovіdno up to paragraph 5 of part 1 of article 150 of the CPC RF, when preparing, before the court's view, the judge is alive when the parties of the world please enter the settlement, including the results of the mediation procedure, in the manner established by federal law, until which side has the right to turn to be-yakіy stage of ship review.
The examination showed that the judges under the hour of the conduction of the parties by the parties and the hour of preparation before the court review (paragraph 5 of part 1 of article 150 of the CPC of the Russian Federation) and the preparation of the part of the court session (article 172 of the CPC of the Russian Federation), call, explain the right to regulate the medical dispute on the way , including those far away from the way of the world.
For an hour there were lapses, if the power of civil procedural law was appointed, it was violated by the courts, which is unacceptable.
Of course, the possibility of conducting the procedure for mediation is explained by the courts in the following forms:
– for the additional distribution of the relevant information on the stands and websites of courts and ship's yards of light ships;
- at the praises about the preparation, do it before hearing, what to direct the parties;
- I'll take a look at it.
The materials of the conducted investigation should be noted that the parties rarely independently make decisions about the decision before the mediation procedure. As a rule, the appointed individuals are arranged for the sake of the stagnation of mediation only after the explanation to the judge of the essence of the institution, the order of the minds of the organization, as well as the resolution of the dispute over the award of the conciliation procedure.
The study of practice also showed that the judges did not explain the right to mediation before the mediator (mediator) in times, as if the supergirls were sticking around, or they could get stuck with the rights and legitimate interests of third parties, if they did not take part in the procedures of mediation, or public interests (part 5 of article 1 Law).
Vidpovidno up to part 2 of Article 4 of the Law, yakscho transfers to the court or the arbitration court, the parties can stop the mediation procedure at any time before the decision is made on the dispute between the court and the arbitration court. Vіdkladennya razglyady with the judge is determined by the procedural law.
By virtue of part 1 of article 169 of the CPC of the Russian Federation and part 1 and 2 of article 13 of the Law, the court may consider the right to look at the lines that do not exceed 60 days, for the troubles of both sides at the time they decide how to conduct the mediation procedure. In vinyatkovyh cases at the connection with the folding of the dispute, and for the mediator's work, the court's permission is allowed on the lines of the mediation procedure up to 180 days. When looking at the fussing about the conclusion of the review, it is necessary for the courts to declare that the same parties are not slandered by them with their procedural rights, as if they may be dragging out the terms of the review, in court.
The study of ship practice showed that in the majority of complaints, when the parties declared, the fussing about the submission of a review of the right for the mediation procedure, the judges were pleased with such fussing. Terms, on the basis of which the sale was made, became from six days to two months.
According to Article 13 of the Law, the terms of the mediation procedure are determined by the parties according to the conduct of the mediation procedure, depending on the specific circumstances of the dispute. If so, the mediator of that party is to blame for all possible visits in order for the procedure to be scheduled to be assigned in the lines of no more than 60 days.
The court does not have the right, on the basis of its own initiative, to establish a term for the conduct of the mediation procedure, in line with the line designated by the parties in favor of the conduct of such a procedure. In case of designations in favor of the term, it is impossible to change the term, the establishments of the Law.
At the same time, as the mediation procedure was carried out by the parties before the trial, and yet the super-judgment was handed over to the court for review, and the parties again praised the decision about the її conduction (parts 3 and 4 of article 7 of the Law), then in which case the court can decide rozglyad not more than nizh for 60 days independently of the previous procedure (part 3 of Article 13 of the Law).
If you look at the link with the conducted mediation procedures, it can be regarded as a violation of reasonable terms.
Such a position is taken up by the European Court of People's Rights, which is worthy of a “reasonable term” for the exclusion of the “reasonable term”, there may be more than one line, if they were admitted from the fault of the state (praise of the European Court of the rights of people 203 p. 203 p. 203 Pedersen and Baaddsgaard against Denmark"). However, such obstructions can be true by special circumstances, for example, by the applicant’s repeated fussing about the filing of a court review (Decree of the European Court of Human Rights on 27 January 2004, “Ladies against Greece”).
The parties initiated the mediation procedure for the following categories of rights:
1) on the right, defend the rights of the supporters;
2) on housing disputes (about the incompetence of a change in living quarters; about the infringement of a change in living quarters and living quarters; about recognizing such people who have spent the right to correspond with living quarters; about the real subdivision of a living hut);
3) According to the disputes, Scho Vinikyutu IZ SIMEYNY Vіdnosin (about Vysnaya Mіszia Stomatnaya Ditini, the order of Zdіysnenna Batkivsky Rights of Batki, Shcho Living Okremo Vіd Ditini; about Zmіnnu Spe_kvykovnya Zmіnnya; about Strochnya Alіvіv Silver Stershi Sumi on Utrimanny batkіvskih rights, about rozpodіl mine, acquired for an hour slubu);
4) on the right, which is blamed on the main and other winds (about the contraction of the borg);
Vidpovidno up to part 3 of article 12 The law is mediated by the parties as a result of the mediation procedure, carried out after the transfer of the dispute to the court or the arbitration court, may be confirmed by the court as a placatory agreement before procedural legislation.
The world's favors can only be laid down for the bazhannym parties, therefore, the food for the laying of the world's favors for the results of the mediation procedure can be initiated by the parties on the right.
A review of practice has shown that, after the results of the mediation procedure, the parties most often laid down the mediation favor, as the court has long established itself as the world's favor.
For example, opіkun R., acting on the reproach of his child Z., went to the Zhovtnevy district court of the city of Yekaterinburg with a call for a subdivision of a recessionary lane to an incompetent sister Z. what kind of inclusion is the apartment near m. Ekaterinburz and avtomobil. When did the apartment of the guardian of the applicant see a certificate about the right to a council of law? parts of the right of power. No certificate was seen on the car. Opikun G., having asked to hand over the car to the deceased - to Z.'s requisition, and to pull the compensation from the rozmiri 55,000 rubles. (? vartostі motor transport zasobu).
At the right, a preliminary court session was held, at which judge the parties were given a declaration on the settlement of the dispute by the way of the mediation procedure. After the court session, the offending parties returned to the court with statements that they were able to carry out the mediation procedure. For the troubles of the parties, the court declared the court session on 13 spring 2011. At the appointments, the day the court was given the favor of the conciliation procedure, with the recognition of the date of the mediation procedure as of 21 December 2011. Judgment vіdklav razglyad on 14 leaf fall 2011 r. Prote already on the 14th of Zhovtnya m., the parties laid down the mediation favor.
At the mediation site, the parties handed over, what did Z. tell the liege? chastity at the decline of the apartment under the contract was given to Z., who became the sole master of this apartment. In one-companies, it's uncomfortable in Yakiy, pіsl zinyttya ї ї ііkukun R. zinytsya ї їпіна рідрує зідпорідач зв затовостоватния Запібование замустова в відподки З.
Mediation favor at a part of the split of a downgraded lane near a motor vehicle was transferred to the Zhovtnevy district court of the city of Yekaterinburg for confirmation of peace.
As a result of the conducted investigation, it was established that, when looking at mediative grounds for hardening as worldly grounds, the judges came out of the change of part 3 of Article 12 of the Law and Article 39 of the CPC of the Russian Federation. it will not be confirmed by the court as the world's pleasure. However, as shown by the practice of ship practice, there were no cases of vipadkіv vіdmovi s side of the courts at the hardened worldly favors, laying on the basis of meditative favors, as if not in accordance with the law.
The parties for the participation of the mediator under the hour of the laying down of the mediative court viroblya and other, worldly courts, the decision about the initiation of further procedural actions, which was forced by the year at the text of the document. On the vikonannya such decisions were filed before the court with statements about the recognition of the call, pozivacha - about the change of the callers, or if I would call. Vipadkіv nevykonanny protsessualnyh minds, like in meditative favors, zagalnennyam practice is not revealed.
For example, following the call of A. to M., about seeing in nature a plot of land near the right of a tract of private moisture on a plot of land and an attachment of a tract of private moisture on July 11, 2011. the parties arranged for the conduct of the mediation procedure. Judicial review at the Zhovtnevy district court of the city of Yekaterinburg was taken on the 29th leaf fall, 2011. 14 leaf fall 2011 the parties laid down the meditative favor, for the minds of which positivity A. bestows? chastki near the right of authority for a living house near the metro station Yekaterinburz vіdpovidach M. On the day the contract was laid down, the parties laid down the agreement about the distribution of the joint land plot and the attached shareholding authority. After the transfer to the state registration of the agreement on granting that land for the subdivision of the land plot, A. filed an application before the court for a summons. November 29, 2011 the district court vinenosno praise about pripinennya provadzhennya at the right at the link with the maiden pozyvacha in the call, yak was not offended and nabula chivalry. In this rank, on the right, I tried more than three months at the provadzhennі court.
At times there were lapses, if the mediation procedure was attached to the link from the left side of the other side of the further conduct of the mediation procedure (paragraph 4 of Article 14 of the Law), as well as for the decisions of the mediator, which, having recognized the unacceptable її away from the conduct (paragraph 3 of the Law) ). On the right, where it was not possible to lay down a meditative favor, the super girls were judged against the decisions.
Amounts that pay a fee to the mediator for the duration of the activity of the mediation procedure on a paid basis cannot be brought before the court’s court fees (Article 94 of the CPC of Ukraine). In case of non-payment to the mediator of the appointed services, transferring such favors, you will spend on them carrying out a contraction for the call of the mediator.
Yak showed practice practice, judges praised(they praised about the alleged conduct at the right, praised about the redundancy declared without looking), the fault after the mediation procedure, before the court of the highest instance, was not denounced by the parties. In addition, the courts have declared that individuals, yak taking part in the procedures of mediation, did not turn skargs on the nevikonannya or not properly vykonannya meditative grounds. The judge should explain that as a result of the mediation procedure, the parties settled the conflict on their own, chose the minds of mediation that were acceptable to them, which brought them to the voluntary convict. In this way, in the opinion of the judges, the procedure of mediation changed the focus on judges, trials and judgments on higher instances.
At the same time, the study of practice showed that in the majority of courts appointed conciliation procedures, they did not know a wide crowd. The main reasons for this are offensive: the novelty of the procedure, the high level of conflict between the participants in the dispute, the daily routine and the tradition of negotiating thinly. The parties are welcome to go through the procedure of mediation at the vinyatkovy court cases, after that, as the judges in court sessions spend a significant hour on the clarification of the essence of the mediation procedure and її transfers.
The courts named a small term in the regulation of the conflict as a positive sign of the procedure, but there is no need to select evidence, obtain certificates, recognize the expertise only. Courts vkazuvalos and those that, at the discretion of the court review under the hour of the mediation procedure, there may be third exceptions, as they declare that they do not declare independence. Usі subjects, chiї rights susuyutsya spіrnih pravovіdnosin, mozhu take the fate of the regulated superechok for help mediation as equal participants in the negotiation process. In this case, the mediator is not a subject of opposing legal entities and cannot be a representative of one of the parties. Vin acts as an intermediary, for the help of which the parties independently and voluntarily make decisions.
Well, the development of alternative methods of resolving disputes in a crazy way of optimizing the court's profitability through changing the rights of the courts, so, at one's own discretion, allow one to raise the quality of justice and ensure the right guarantees of the rights of the bulk of the court to defend the court.
The President of the Russian Federation submitted to the Derzhdumi a draft federal law "On an alternative procedure for resolving disputes over the participation of an intermediary (mediation procedure)"
Yak previously mentioned, President of the Russian Federation Dmitro Medvedev on June 11 submitted to the State Duma a draft Federal Law No. 341071-5 "On an alternative procedure for regulating disputes over the participation of an intermediary (mediation procedure)".
Draft Law on Mediation Procedures, as an alternative form of arguing for the participation of the third neutral, not zatsіkavlenoї in Danish superechtsi side - the mediator, who helps the parties to arbitrate for the sake of the dispute without court filing.
Below is the text of the draft law issued by the press service of the Derzhdumi:
" Project
FEDERAL LAW
About the alternative procedure for settling disputes over participationmediator (mediation procedure)
Tsey Federal Law of disintegration with the method of creating legal minds for the creation in the Russian Federation of alternative procedures for regulating disputes over participation as an intermediary of an independent person - a mediator, arranging the development of partner business opportunities and the formation of business ethics, harmonization of social
Article 1 Subject of regulation that sphere diїwhich federal law
1. Federal Law Tsim regulyuyutsya vіdnosini, pov'yazanі of vikoristannyam PROCEDURE medіatsії at vregulyuvannі superechok scho vinikayut іz tsivіlnih pravovіdnosin have to have chislі zv'yazku іz zdіysnennyam pіdpriєmnitskoї that іnshoї ekonomіchnoї dіyalnostі and superechok takozh, scho vinikayut іz of labor that sіmeynih pravovidnosin.
2. Like super-winks of the others, not assigned to the part 1 of the statute of honors, according to the Lawposhiryuєєtsya on vіdnosinі, pov'yazanі z vregulivannyam such superechok vykoristannya procedures medіatsії seldom have vіpadki, peredbachenih federal laws.
3. The procedure of mediation can be settled after arbitrating disputes that are considered within the framework of civil litigation and litigation in arbitration courts.
4. The procedure of mediation does not stagnate until the superchucks, which are blamed on the awards, assigned to part 1 of the statute, in times, as such, the superchicks stick around, or they can get stuck in the interests of third parties, as they do not take part in the procedure, mediations.
5. The provisions of this Federal Law shall not be enforced until the arbitral tribunals, imposed on the judges or arbitrators in the course of the judicial or arbitral review of the conciliation of the parties, as otherwise not transferred by the federal law.
Article 2 Basic understanding of what vikoristovuyutsya in tsomafederal law
For the purposes of this Law, the following basic concepts are used:
1) the parties - the subjects of the parties, designated under Article 1 of the Law, the superchicks between them can be regulated for additional mediation procedures;
2) mediation procedure - a method of settling disputes for the mediator's affiliation on the basis of the goodwill of the parties, with the method of reaching a mutually acceptable agreement by the parties;
3) mediator (mediators) - an independent physical person (physical individuals) is litigated by the parties as a mediator in settling a dispute in order to reach a decision on the merits of the dispute between the parties chosen;
4) organization, zdіysnyuє dannya zdіysnyuє dannya z prodіvіvnі dіyatsiії, yаlіnієl person, odnієy z іnієz іn іnієz vіdіvі dіyalnostі ї є є nієnі vіdіv dіyalnosti ї є іnіnіyа, zdіysnyuіє dannya zdіysnyuє dannya prodіtsії prodіtіtsії, аlѕо dіmіnіnіnіnya;
5) the favor of the settlement of the mediation procedure is the favor of the parties, put in a written form until the dispute is vindicated, or disputes (mediatively protected) or after the vindication, about the regulation of the vicissitudes of the mediation procedure, the dispute or the dispute can be agreed by the parties with be-yakim specific pravovidnosinami;
6) the favor of the mediation procedure - the favor of the parties, from the moment of laying down the mediation procedure, as soon as the dispute arises between the parties;
7) mediation favor - favor reached by the parties as a result of the procedure of mediation, as a matter of dispute or super, as well as okremi razbіzhnosti, as the case may be, laid down in the letter form.
Article 3 Principles of the mediation procedure
The mediation procedure is carried out with the mutual will of the parties on the basis of the principles of goodwill, confidentiality, equality of the parties, lack of leadership and independence of the mediator.
Article 4 Vicoristannya procedures of mediation in case of review the dispute by the court or by the arbitration court
1. At the time, as the parties laid down the favor of the stalemate of the mediation procedure and the goiter, they were protracted for the purpose of carrying out the term not to be submitted to the court or to the arbitration tribunal for the resolution of the dispute, which viniclo or can be vindicated between the parties, the court or the third court will determine the force of such 'I'm going to kill you until the docks of your goiter', for a little vindictiveness, if one of the parties needs to, on the її thought, protect your rights.
2. If the dispute is submitted for consideration to the court or the arbitration court, the parties can win (carry out) the mediation procedure at some point before the decision on the dispute is accepted by the court of arbitration or by the arbitration court. Vіdkladennya razglyadu inquire about the super girl in court orto the arbitrator, and navit zdiisnennya іnshih procedural actions are determined by the procedural legislation.
Article 5 Confidentiality of information that is requiredmediation procedures
1. Time limit for the mediation procedure confidentiality of all information, which is considered before the designated procedure, is protected under a veneer, transferred by federal laws, and that the parties did not agree otherwise.
2. The mediator does not have the right to speak out the information that was brought before the mediation procedure, it became home at the hour of its conduct, without the benefit of the parties.
3. The parties, organizations that are responsible for the services of the mediation procedure, the mediator, as well as other individuals who were present during the mediation procedure, irrespective of whether the judicial or arbitration review was superfluous, as a subject of the medical procedure , I do not have the right, as the parties did not think about anything else, ask for an hour of the court's third party review of the information:
about the proposition of one of the parties about the choice of the mediation procedure, as well as about those that one of the parties hung ready to participate in this procedure;
about thoughts or propositions, drawn up by one side of the way to regulate the dispute;
about recognition, destruction of one of the parties during the course of the mediation procedure;
about the readiness of one of the parties to accept the proposition of the mediator or the other side to regulate the dispute.
4. Vymoga, as a mediator, that organization, which is responsible for the services of the mediation procedure, information, which is considered before the mediation procedure, is not allowed, due to the vinatkiv, transferred by federal laws, and as the parties did not agree otherwise.
Article 6 Wash the rhetoric by a mediator of informationwhat is the cost of mediation procedures
As a mediator, taking into account one side of the information,what is the procedure for mediation, you can reveal such informationThe other side is less for the sake of the side that gave the information.
Article 7 Wash your mind about mediation procedures
1. The selection of the mediation procedure is displayed on the basis of the parties, including on the basis of the mediation procedure.
2. The procedure of mediation can be vikoristana in case of a guilty dispute, both before the trial or before the arbitration court, so after the cob of the court's arbitration, in addition to the proposition of the court and the arbitration court.
3. Notice about the delay in the mediation procedure, as well as notice about the conduct of the mediation procedure and related to it without intermediary conduction of the procedure is not a reshuffle for filing before the court of an arbitration court, as it is not otherwise transferred by federal laws otherwise.
4. The conduct of the mediation procedure starts from the day the parties agree on the conduct of the mediation procedure.
5. Yakschko one IZ Storіn Nadіslal in the letters of the form of the proposal about the softener to the procedure of the Medіacei, the referee of the ABO 30 Dn_v Z day, the direction of the ABO of the Іneshy Rumy Turmnina, originated from the Ruhenni, did not remove the Zeyci-Ukraine to Workistani the procedure of Medіacei, Taka.
6. The proposition about the conduct of the mediation procedure may be revengeful suttivi mind please about the mediation procedure.
7. The proposition about the conduct before the mediation procedure can be broken down by one of the parties by the mediator or by an organization that provides services for the conduct of the mediation procedure.
Article 8 Please about the mediation procedure
1. The request for the mediation procedure is included in the letter form.
2. Consideration of the mediation procedure may be carried out as follows:
1) about the subject of the dispute;
2) about the mediator (mediators) or about the organization that provides services for the conduct of the mediation procedure;
3) about the procedure for conducting the mediation procedure;
4) about the participation of the parties in paying for the services of the mediation procedure, including the services of a mediator (mediators) or organizations that provide services for the mediation procedure;
5) about the term of the mediation procedure.
Article 9 Appointment of mediator
1. To carry out the mediation procedure, the parties shall select one or more mediators for mutual benefit.
2. The organization responsible for the services of the mediation procedure may recommend the candidate (candidates) of the mediator (mediators) or recognize yoga (їх) at times, as the parties have sent a formal application to the appointed organization of the mediation procedure for the mediation year.
3. Mediator, appeals (appointments) are clearly up to the status of the statute, in case of obviousness, or vindication of the process of the procedure of the mediation of the situation, as it can be added to yoga , which is responsible for the services of the mediation procedure, - also the designated organization.
Article 10 Payment for services from the mediation procedure
1. The services of the mediation procedure are provided by mediators (mediators) both on a paid basis and on a free basis.
The services of the organizations, as a result of the performed services of the mediation procedure, are paid on a paid basis.
2. Payment for services from the procedure mediation to the mediator(to mediators) that organization that works servicecarrying out the mediation procedure, which is necessary by the parties at equal parts, as the parties did not settle about anything else.
Article 11 The order of the mediation procedure
1. The procedure for conducting the mediation procedure is determined depending on the conduct of the mediation procedure.
2. The procedure for conducting the mediation procedure can be determined by the parties by way of enforcing the rules for the conduct of the mediation procedure, adopted by the competent organization, which affects the performance of the mediation procedure.
3. The rules for conducting the mediation procedure, which are confirmed by the organization, which are responsible for the provision of services from the mediation procedure, may be appointed:
1) see disputes, in the regulation of which it is possible to pass through these rules;
2) the procedure for the selection and recognition of mediators;
3) the procedure for paying for the services of the mediation procedure, including the services of a mediator (mediators) and the organization that provides services for the mediation procedure;
4)
information about the standards of professional activity,established by the relevant organization, which is responsible for
services from the mediation procedure;
5) the order of the mediation procedure, including the rights andobov'yazki storіn pіd hour of carrying out the procedure of mediation, in particularconducted the mediation procedure in the case of other categories of disputes, other than the conducted mediation procedure.
4. The parties may have the right, as otherwise not transferred by federal law, or for the sake of the parties (including for the sake of conducting the mediation procedure), to indicate in favor of the conduct of the mediation procedure, that the procedure for conducting the mediation procedure is determined by the mediator independently from the settlement of the dispute. the need for the most recent dispute resolution.
5. The mediator does not have the right, as the parties did not agree on something else, to make propositions in a way that regulates the dispute.
6. The mediator can protyazh all procedures of mediation zustrichatsya and p_dtrimuvat sv'yazyok z usima parties one hour, and iz dermal іz okremo sides.
7. Under the hour of the mediation procedure, the mediator does not have the right to put his actions on the side of the more important camp, as to apply legal and legitimate interests of one of the parties.
Article 12 Meditative favor
1. Mediation favors fit in a letter and is guilty of revenge on the parties, the subject of the dispute, the mediation procedure was carried out, the mediator, and also the parties favored by the goiter, wash that line of vikonannya.
2. Mediative favors for victoriousness on the basis of the principles of goodwill and summation of the parties.
3. Mediation favor, reached by the parties as a result of the mediation procedure, carried out after the transfer of the dispute to the court or the arbitration court, can be confirmed by the court or the arbitration court as a peace favor, before the procedural law or the law on arbitration and international commercial arbitration.
4. Mediation favor, achieved by the parties as a result of the mediation procedure, carried out without transferring the dispute to the court or arbitration court, є civil legal right, directly to the establishment, change or attachment of the rights of that ob'yazkіv parties. To such a point, the rules of civil lawmaking can be staunched, in particular about access, about innovation, about forgiveness of the borg, about the flood of the zustrіchnoy uniform vimoga, about the blowingshkodi. In times of non-violent or inappropriate vikonnnya such a mediative favor, the party has violated the favor, carrying the same order, given by civil legislation.
Article 13 The term of the mediation procedure
1. The term of the mediation procedure is determined by the suitability of the mediation procedure. If so, the mediator of that party is to blame for all possible visits in order for the procedure to be scheduled to be completed in no more than 60 days.
2. In vinyatkovyh vpadkah, zv'azku zі foldіstі vіrіshuvanої superechki, nebhіdnіstyu otmannya dotkovії іnformatsiії аbo dokumentіv, termіnnja prіdіvnі prіdіatsії ії mіzhe bіlshenі dо domіlіstyu storіnіstyu storі і fіr the favor of the mediator.
3. The term of the mediation procedure is not liable to change180 days, after the mediation procedure has been carried out after the transfer of the dispute to the court or arbitration court. In this case, the term of the mediation procedure is not guilty of revisiting 60 days.
Article 14 Attached mediation procedures
The mediation procedure is connected with the following conditions:
1) laying down a mediation agreement by the parties - from the day of signing such agreement;
2) laying down please the parties about the application of the mediation procedure without access to any obvious differences - from the day of signing such a please;
3) the statement of the mediator in a written form, sent to the parties after consultations with them about the procedure of mediation through the failure of the further її conducted, - on the day of sending such a statement;
4) an application in a written form of one, or both of the parties, sent to the mediator, about the continuation of the mediation procedure - from the day the mediator accepts such an application;
5) the end of the term of the mediation procedure - from the day of the end of the day with the improvement of the provisions of Article 13 of the Law.
Article 15 Wimogi to mediators
1. The role of a mediator can be assessed both on a professional and non-professional basis.
2. Individuals who have reached the age of 18 years old, can be fully active and not have a criminal record. Zdіysnyuvati diyalnіsta mediator on a professional basis can be individuals, as they are able to act as a lawyer, we will establish Article 16 of the Law.
3. The activity of the mediator is not subject to the activity of the mediator.
4. Individuals, yakі zdіysnyuyut dіyalnіst dіyalnіst nіyalnіst, may have the right zdіysnyuvat yakі іnhu іyalnіst, yak not hindered by the legislation of the Russian Federation.
5. Individuals cannot be mediators, as they replace the sovereign settlements of the Russian Federation, the sovereign settlements of the subjects of the Russian Federation, the settlement of the sovereign civil service and the settlement of the municipal service, as it is not otherwise transferred by federal laws.
6. The mediator has no right:
1) be a representative of any party;
2) to give advice to any other legal, consulting or other assistance;
3) zdіysnyuvati dіyalnіst dіyalnіst dіyalnistі, yakshcho pіd іd hіdnі dіyatsiї prodіtsії іn vіn especial, directly chi in the middle, tsіkavleniy іїї її її її її sіslі vіn sladєєєєєєє z є є є є є є є є є є є є іz storіn, і vodnosinakh;
4) to work without the benefit of the parties of the community, declare a day-to-day dispute.
7. To the pleasure of the parties, but the rules of the mediation procedure, which are confirmed by the organization, which is responsible for the services of the mediation procedure, can be installed as an addendum to the mediator, the mediator’s crown, which establishes his/her profession.
Article 16 Changes in the activity of the mediator onprofessional basis
1. To establish the activity of a mediator on a professional basis, individuals can, if they have reached the age of 25 years, who can become a professional illuminator and have passed a course of training for the program of training of mediators, which will be confirmed in order, as a member of the Federation.
2. Organіzatsії scho zdіysnyuyut nadannya poslug of performing procedures medіatsії, mozhut stvoryuvati asotsіatsії (Union), INSHI organіzatsії abo abo ob'єdnannya of rights without rights Yurydychna osіb of metoyu koordinatsії svoєї dіyalnostі, rozrobki that unіfіkatsії standartіv (rules) profesіynoї dіyalnostі medіatorіv, rules (regulations) of the mediation procedure. Designated organizations may be members of self-regulatory organizations of mediators.
3. The mediation procedure for any disputes submitted for consideration to the court or arbitration tribunal before the beginning of the mediation procedure, you canare carried out only by mediators, in order to maintain their activity on a professional basis.
Article 17 Vidpovidalnist of mediators and organizations, zdіyyuyut nadannya z conductedmediation procedures
Mediators and organizations that provide services forcarrying out the mediation procedure, be liable to the parties forSkodato the order given by civil legislation.
Article 18 Self-regulated organization of mediators
1. By the method of development and establishment of standards and rules for the activity of mediators, as well as the procedure for establishing control over dotrimany, it was possible to assign standards and rules by mediators, in order to establish activity on a professional basis, that (or) organizations, which may help create self-regulatory organizations of mediators
2. Self-regulatory organizations of mediators are created in the form of associations (unions) and non-commercial partnerships.
3. The organization gains the status of a self-regulatory organization of mediators from the day the information about it was submitted to the state registerself-regulatory organizations of mediators and acquire the status of a self-regulatory organization of mediators from the day the information about it is excluded from the designated register. Keeping the state register of self-regulatory organizations of mediators is maintained by the federal body of the victorious government, approved by the Council of the Russian Federation.
4. The organization is included in the state register of self-regulatory organizations of mediators for the reason and її vidpovidnostі such vymoga:
1) association at the warehouse of the self-regulatory organization of mediators atas її members not less than 100 physical osіb, yak zdіysnyuyut the activity of mediators on a professional basis, that (or) not less than20 organizations that will collect services from the mediation procedure. Indicated individuals and organizations are guilty of evidencewe will establish the CIM Federal Law as a power to membership in such an organization;
2)
presence of the approved procedure for monitoring the quality of work and members of the self-regulatory organization of mediators and
lauded to the code of professional ethics of mediators;
3) compliance of self-regulatory organizations with the help of the Federal Law dated December 1, 2007 No. 315-Ф3 "On Self-Regulation Organizations" (hereinafter referred to as the Federal Law "On Self-Regulation Organizations").
5. Self-regulatory organization of mediators, the order of the established functions established by the Federal Law "On Self-Regulation Organizations", expands and approves the standard rules for the activity of mediators, adopts the code of professional ethics of mediators, expands the standards for the professional readiness of mediators.
6. zdіysnennya dіyalnostі yak self-regulatory organіzatsії medіatorіv in strukturі zaznachenoї organіzatsії povinnі Buti stvorenі spetsіalіzovanі bodies SSMSC zdіysnyuyut control over the members of the self-regulatory dotrimannyam organіzatsії medіatorіv vimog tsogo Act, standartіv that rules dіyalnostі medіatorіv, Code profesіynoї YETİK medіatorіv and takozh rozglyad ref about zastosuvannya schodo members of a self-regulatory organization of mediators entering the disciplinary influx.
7. Samoregulovana organіzatsіya medіatorіv, of order іz rights viznachenimi Federal Law "About samoregulovanі organіzatsії" Got right schodo vstanovlyuvati її chlenіv dodatkovі to peredbachenih CIM Federal Law vimogi scho zabezpechuyut їhnyu vіdpovіdalnіst at zdіysnennі dіyalnostі medіatorіv and takozh rozroblyati vstanovlyuvati that come in distsiplіnarnogo vplivu її schodo її sluzhennja for violating by them the law, standards and rules of activity of mediators, the code of professional ethics of mediators.
8. An organization of mediators that is self-regulating cannot be a member of another self-regulatory organization of mediators.
9. A mediator who works on a professional basis, that organization that provides services for the conduct of the mediation procedure, can be members of more than one self-regulatory organization of mediators.
10.
Self-regulated organization of mediators in case of admissionof their members of mediators, yakі zdіysnyuyut activity on
The professional basis of that organization, which zdiyasnyuyut nadannya serfs z carried out the procedure of mediation, may have the right to present to them the additional help, pov'yazanі zі zdіysnennyam dіyalnostі.the mediator is not superhuman to the right of the federal law and other federal laws.
11. Members of a permanent collegiate governing body and specialized bodies of a self-regulatory organization of mediators may participate in these functions for the activities of mediators.
Article 19 Main functions of a self-regulatory organizationmediators
Self-regulatory organization of mediators has the following main functions:
expanding and establishing the membership of mediators, in order to increase the activity on a professional basis, that organization, in order to increase the duties of the mediation procedure, with a self-regulatory organization of mediators;
zastosovuє come in disciplinary infusion of your members;
maintain a register of members of the self-regulatory organization of mediators;
representing the interests of members of the self-regulatory organization of mediators in the relations with federal bodies of state power structures, bodies of state power structures of the subjects of the Russian Federation, bodies of local self-regulation, and navit with international professional medical organizations;
rozroblyaє that zatverdzhuє standards and rules of activity of mediators;
expand and approve the rules of business and professional ethics of mediators, including the code of professional ethics of mediators;
expand the rules of the mediation procedure;
expanding the standards of professional training of mediators;
zdіysnyuє control over the professional activity of their members in part of them until then, due to the Law, other federal laws and other normative legal acts of the Russian Federation, standards and rules of self-regulatory organization of mediators, minds of membership in a self-regulatory organization;
organize information and methodically ensure its members in the sphere of mediators' activity.
Article 20 Nabuttya of chivalry under the Law
Mediation is right as one of the technologies of alternative regulation of the superpower between two or more conflicting parties for the participation of the mediator. The procedure for stosuvannya procedure of mediation in Russia. An alternative to the ship's method of resolving disputes.
It's easy to send your harn to the robot to the basics. Vikoristovy form, raztastovanu below
Students, graduate students, young adults, like a victorious base of knowledge in their trained robots, will be your best friend.
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MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
FEDERAL STATE BUDGETARY LEVELING INSTALLATION
"KEMERIVSKY STATE UNIVERSITY"
LAW FACULTY
DEPARTMENT OF LABOR, ENVIRONMENTAL LAW AND HUMAN PROCESS
course work
Adjustment superchek for the fate of the intermediary (mediation procedure)
Kemerovo 2015
Entry
Chapter 1. Understanding mediation. Main types of mediation
Chapter 2
Section 3. The procedure for setting up the mediation procedure
Visnovok
List of vicorists dzherel
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Due to the reduction of financial and material and technical security of ship activities, as well as the development of alternative and post-judicial forms of resolution of disputes, on 07.07.2010 the State Duma praised Federal Law No. Law No. 193-FZ), and on 27.07.2010 - Federal Law No. 194-FZ "On the introduction of amendments to the legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On an alternative procedure for regulating disputes over the participation of an intermediary (mediation procedures)" (given Law No. 194-FZ).
The main method, as the analysis of Law No. 193-FZ, is the promotion of alternative methods of settling disputes in the Russian Federation and further development. Law No. 193-FZ, having introduced low amendments and additions to the legislative norms of the APC of the Russian Federation and the Central Committee of the Russian Federation and the Central Committee of the Russian Federation.
Tim himself formed the legal basis for the development of a new institution - the Institute of Mediation.
Mediation in law (Latin mediare - mediation) is one of the technologies of alternative dispute resolution (ADR) for the participation of a third neutral, unforegrounded, not involved in this conflict side - a mediator, which helps the parties to win for the sake of dispute, with which side I will control the process of adopting a decision on how to regulate the dispute, and think of that outcome.
Mediation is an old instrument of international law. If you look into the depths of history, then you can learn there, where, without adopting authority, further progress is impossible in advance, but a binding decision can be reached more quickly by negotiations, lower through the norms of a hierarchical order.
Tim is no less, mediation appeared less in the other half of the twentieth century. More often than not, it dominated the United States, and a little more began to appear in the lands of Europe - England, France, Belgium, the Netherlands, Germany, Austria, Italy, Switzerland Div: Alexandrova O.V. School of Mediation (Mediation)// Arbitration Court. 2006. No. 2. .
The demand for mediation in today's civilized society is related to globalization, which brings together the hierarchy and the growth of interrelationships. Tse vіdbivaєtsya usіvnіyah іvnyah social order - nіy, svіtі ekonomіki pratsі, suzhavnіy administrіnskiy praktіtsі. Processes, which are experienced in the modern world, sometimes lead to new extraordinary approaches to the top of superechok and conflicts.
Subject of mediation - ce successful negotiation between two or dekilkom by the conflicting parties for the participation of the mediator, after which the parties lay down a conciliatory (mediative) favor.
Necessary intellectual mediation is a voluntary fate of the parties.
Method of course work є:
1. Understand the mediation;
2. Look at the procedure for setting up the mediation procedure in Russia.
Chapter 1. Concept mediacie. Main types of mediation
Nini in literature virobleno different fit until the understanding of "mediation". You can mentally subdivide the previous conciliation procedures into three types: the first one - to voice on the agreement of a neutral person to the negotiations of the parties; others - to concentrate respect on the results of mediation (peaceful completion of the conflict); the rest - the signs of mediation, assigned to the first person and the other person, are shown one by one.
I.V. Reshetnikova considers mediation as a form of reconciliation of the parties, in the course of which there is a neutral disguise, chosen voluntarily by the parties (out of its competence and authority), to conduct negotiations Div.: Reshetnikova? I.? V.? Mediation and Russian Arbitration Process // Mediation Law. Mediation and reconciliation. - 2007. No. 2 (4). .
D.? L.? "Mediation", according to D.? Davidenko? D.? L.? Nutrition of legal terminology in the sphere of "alternative resolution of disputes" // Arbitration Court. – 2009. №?1. .
3 points zoru M.? IN.? as a method of alternative resolution of corporate conflicts: Abstract of the thesis. dis... cand. sociol. Sciences. - M., 2006. .
Yakovlev? IN.? Mediation and reconciliation. - 2006. No. 1. .
A.?Yu.?Konnov proponuє such an appointment: "Mediation - ce negotiate for the fate of an independent third person with a method of ending the dispute, scho winicla" Div .: Konnov?A.?Yu.? // Journal of Russian law. - 2004. No. 12. .
Skin IZ feed on the pіddhodіv Maє Light to Insnuvannya, ONE є NAB_LSH PRIVATE TO TACH WOMEN: MEDIATSIA - CE FORM ALTERNATIVE VERGULANUVENNY SPIRY, METHEY YAKOї є SERVICE DVOM (Abo B_SH) parties to the parties in Miscellennі Opopodльнольно та та та та pryaє reach pleasing between the parties that are competing, and do not have the right to blame obov'yazkove for the parties of the decision.
Mediation is the whole process, for which the parties are arbitrarily cited, we will not expedite, a neutral specialist-mediator (intermediary), which will help them to negotiate, with the method of generating a mutually acceptable living solution in the minds, which are relevant to them. Mediation is an interdisciplinary area, which goes through the arts of jurisprudence, psychology, sociology, and conflictology.
Mediation allows you to spare an hour, finance, which is more important, is an emotional resource. On Vіdmin Vіd, the proceed, the proceeds, the process of Medіyatsiya Pratsyu, the warehouse of the warehouse of the Stor_n, Scho, is one side, it is necessary to make it possible for the virginity of participants in Rosimoprimatnoye, and the utensil - Mozdniki Mozdniki, the importance of the psychology of psychology. With this, the very process of accessing the site is forever closed to the eyes of strangers and does not speak out.
Cut sprat types of mediation:
1. Direct mediation: all parties, including mediators, are present at the negotiations at the same time.
2. Indirect mediation: the side that functions as an intermediary, on the basis of consulting and negotiating with the skin side.
3. Formal mediation: the third party may secure the formal status of a mediator, and the parties must acknowledge that they are negotiating. This type of mediation is created specially for this structure (special centres, the number of such rapid growths in the USA, Great Britain, Australia).
4. Informal mediation: the mediator has no fixed official status. Informally, mediation transfers the implementation of not all intermediary functions, but only a few, for example, it is not enough to show the point of view of thoughts. It is noted that this kind of mediation with the remaining fates is becoming more and more widespread in rich international negotiations.
5. Official mediation: in the role of a mediator, he performs a singing disguise, endowed with power.
6. Unofficial mediation: the appearance of obov'yazkovyh of the masters of the individual is not transferred, as the function of the mediator. As an unofficial intermediary, you can be a hromada chi religious fiend, a professional psychologist and others.
In accordance with the traditional court methods, dispute resolution in mediation may have its own essence of judgment:
Availability: The mediator can mediate in the event of any kind of superechok, guiding not only and not so on the law, as on the interests of the parties, the norms of morality and morality, and a special life message.
Confidentiality: Mediation is surrounded by the framework of the opposition of the opponents and the mediator, which is important for the parties at the turn, as a super-smart one, there are commercial interests, or special mutual interests of those parties, which may cause inconvenience or downpours.
Efficiency: The parties take care of normal particularities or businesslike distinctions, unique public voice of the conflict in the court instances, vibrate the super-electricity, so that delicate meals are torn apart.
Efficiency: At the discretion of the court process, mediation is not bound by trivial bureaucratic procedures, peculiarities of document processing and folding procedural norms. In mediation, the parties have reached the point where they have mutually resolved the conflict and live all possible susils for the clearest solution to the dispute.
Economy: The mediator's duty can be charged both on a paid basis and on a free basis. Sideways suttєvo save on ship's videos. Efficiency. The mediator protects the interests of all opponents and serves in such a manner that the stench is no longer satisfied with the result of the conflict. The mediator does not shuffle right and wrong, but straight sides along the path of finding a mutually acceptable solution.
Courage: At the discretion of the court, in which the conflicting parties are considered, the landowner was recognized - the judge, at the procedure of mediation, the parties voluntarily lay down the favor, independently rob the mediator and determine the procedure for conducting the mediation.
Mediation in Russia is based on such main points:
1. Mediation may be of a voluntary nature (so that the categories of rights are fixed by law, for which a conciliation procedure is carried out, obov'yazkovym).
2. The mediation procedure is implemented on the basis of the mutual will of the parties, the principles of goodwill, confidentiality, equality of the parties, lack of leadership and independence of the mediator (Article 4 of Law No. 193-FZ).
3. Stay up to the top, which is blamed for civil, family, labor, economic and other reasons for the reception of viability (part 2 of article 1 of Law No. (part 3 of article 1 of Law No. 193-FZ).
4. To be carried out on the basis of the written form, please the parties about the delay in the mediation procedure to (mediative restraint) or after the arraignment of the dispute to the cob or after the dispute is examined in court (clause 5, article 2 of Law No. 193-FZ). If the mediation procedure (on the basis of the laid down rules about the conduct of the mediation procedure (Article 8 of Law No. 193-FZ)) is carried out under the hour of reviewing the dispute in court, then judging by the troubles of the parties, you can impose a court review on the lines, which does not exceed sixty days (h 1 article 169 of the CPC RF).
5. The conciliation procedure is carried out by a mediator (an independent physical person (persons)), who acts as a mediator in settling a dispute with the parties to reach a decision on the merits of the dispute (clause 3, article 2, article 9 of Law No. 193-FZ).
Vymogi to the mediator differentiate by status. You can become a non-professional mediator after attaining the age of 18 years, still being a young man, for having a criminal record and an interest to the right, and not being a sovereign or a municipal serviceman.
A professional mediator is obliged to reach the age of 25 years, my mother will be illumined, to take a course of professional training of mediators and to receive the certificate of a professional mediator.
The conciliation of the parties after the transfer of the dispute to the consideration before the court can only be done by the mediators, so that they maintain their activity on a professional basis and may have a legal status (Article 15 of Law No. 193-FZ).
6. The term of the conducted mediation procedure is not guilty of revisiting 60 days, as the dispute has been submitted for review before the court; 180 days, so that mediation is carried out before trial (Article 13 of Law No. 193-FZ).
7. Mediation is pleasing with a sub-bag act and completes the mediation procedure, fits in the letter form and avenges the parties’ goiter, bidding on the principles of goodwill and summation of the parties (Article 12 of Law No. 193-FZ). Mediation favor, achieved by the parties after the transfer of the dispute for review before the court, can be put in the basis of the world please, confirmed as pulling the right of justice (paragraph 5 of article 220 of the CPC of the Russian Federation; part 2 of article 150 of the APC of the Russian Federation).
On the basis of what has been said, it is possible to classify the procedure of mediation (mediation) according to such basic criteria.
For the status of a mediator: 1 - procedure, which is performed by a professional mediator; 2 - the procedure to be implemented by a non-professional mediator.
For the hour of implementation: 1 - before the transfer of the dispute for consideration before the court; 2 - after the transfer of the dispute for consideration before the court.
By subject: 1 - mediation, which is realized by a physical person (persons); 2 - mediation, which is a legal specialty.
For the form of payment: 1 - mediation, which is carried out on a paid basis (physical legal entities). In this way, the parties pay for the services of a mediator in equal parts, as they did not do anything else (Part 2, Article 10 of Law No. 193-FZ); 2 - medіatsіya scho zdіysnyuєtsya on bezoplatnіy osnovі (fіzichnі individuals) (at the time of sogodnіshnіy dosvіd zastosuvannya danogo mehanіzmu svіdchit about bezkoshtovny character danih poslug of metoyu formuvannya klієntskoї bazi, nakopichennya dosvіdu primirnih procedures that aprobuvannya PROCEDURE medіatsії in praktichnіy dіyalnostі sudіv that sub'єktіv tsivіlnih pravovidnosin).
In the rich countries of the world (and Russia has no fault with it), the remaining fates tend to increase interest to the point of regulating conflicts. The main reason for the wide interest in mediation and її popularity in rich countries is to drink on tsyu service. Aje vyniknennya superechok, conflicts in the field of provazhennya pіdpriєmnitskoїї ї іyalnostі practically inevitably. The stench was founded, it was founded, and it was awakened. Henceforth, there is an objective need to use various methods and forms of dispute resolution.
Chapter 2. Mediators and organizations that influence the activity of securitythe procedure of mediation
In paragraph 4 of article 2 of Law No. 193-FZ, it is designated that a mediator is an independent physical person, as if the parties to the dispute are involved in settling the dispute, she acts as an intermediary. Within the framework of this Law, the activity of a mediator can be carried out both on the side of a professional, and on the side of an individual, as I cannot work in the field of mediation. Ale wimogi such fahіvtsya in both types of raznі. For example, if you are talking about a non-professional mediator, then he can become a person, as he has reached the age of 18, if he has no criminal record and may have a full disability (within the framework of the provisions of part 2 of article 15 of Law No. 193-FZ). A person can act as a professional mediator, who has reached the age of 25 years, who can be enlightened and completed a course for the training program for mediators, as approved in the manner established by the Order of the Russian Federation (regardless of part 1 of article 16 of Law No. 193-FZ).
Mediation procedure may be carried out on disputes from disputes that are submitted to the arbitration or a primal court before the beginning of the mediation;
Ale, regardless of whether professional or unprofessional is a mediator, mediation not respected by the admissions (depending on part 3 of Article 15 of Law No. 193-FZ).
Part 5 of Article 15 of Law No. 193-FZ transfers the fact that a person cannot become a mediator, as a substitute for the sovereign settlement of the Russian Federation, plant municipal civil service, and also plant subjects of the Russian Federation, as otherwise not transferred by the Law.
Vіdpovіdno to zmіstu articles 5, 11, 15 of Law No. 193-FZ, the mediator may not:
give the parties advice, legal assistance and further assistance (paragraph 2 of part 6 of Article 15 of Law No. 193-FZ);
Act as a representative of one of the parties to the dispute (paragraph 1 of part 6 of Article 15 of Law No. 193-FZ);
Zdіysnyuvaty mediator's dіyalnіst in that case, as it is directly chi indirectly zatsіkavlena vyvіshennya dispute or є relative of one of the parties (paragraph 3 of part 6 of Article 15 of Law No. 193-FZ);
Robiti public statements on the merits of food without the benefit of the parties (paragraph 4 of part 6 of article 15 of Law No. 193-FZ);
Introduce propositions to regulate the dispute at times, as the parties did not agree otherwise (Part 5 of Article 11 of Law No. 193-FZ);
Razvoshuvati іnformatsiyu, scho vodnositsya before the procedure of mediation, it became yomu vіdoma at the process and її carried out in that case, as the parties did not give their own favor (part 2 of article 5 of Law No. 193-FZ);
Put one of the sides in the priority camp with your actions and reasons, or apply the interests of the rights of one of the participants in the dispute (Part 7 of Article 15 of Law No. 193-FZ).
Vіdpovіdno up to part 1 of article 10 of Law No. 193-FZ, tsya diyalnіst can be called by mediators both on a paid, and on a free basis.
In paragraph 5 of Article 2 of Law No. 193-FZ, it is designated that, as a legal person, one of the main types of activity, such as conducting mediation, is important for a specialized organization, as it may have the right to conduct such activity within the framework of the law. It is true, it should be noted that the activity of such organizations is always established on a paid basis (for example, part 10 of Law No. 193-FZ).
Higher appointments The law transfers that mediation can be zastosovuvatisya and at the court order, and within the framework of the court process, the docks of the decision at the right will not be accepted by the court. And if the parties put themselves together for the sake of zastosuvannya mediation, that goiter is not brought before the court by stretching the line, in which it is passed, then the court will recognize the strength of that goiter's yazannya until the mind of that goiter's yazannya. Vinyatok become vipadki, if one of the parties bazhaє defend their rights (for example, part 1 of Article 4 of Law No. 193-FZ).
They go to the mediator, if the negotiations do not lead to success, go to a deaf kut, or they cannot start talking. Mediation is more efficient, lower cost negotiations, more:
The intermediary can provide more information about the super river, goals and interests of the parties. Vіn can be worn around the skin with them. In such private conversations, the parties share information with him, so that you do not speak out on the other side, or on the court, or on the arbitrator. The parties should not be afraid of disclosing information to the middleman, to the one who does not take part in the superechts, and the obov'yazykovy decision can't be accepted by the superechki;
At the middle side, a third-party person lays down his super-cookie, like a vislukhova їх without knowing how to judge their correctness and set clarifying nutrition, and also listen, without interrupting one another and without asking to ask a sense. Tse help the parties to better understand the problems of the other side and remove the signs of the rub;
The presence of a third-party individual, as it has authority among both peers, helps to create a more constructive dialogue between them;
The mediator may have negotiated and controlled their order, stalking them, so that the stench led to the achievement of a result that pleased the offending parties. The whole procedure is focused on the search for a mutually acceptable solution;
The intermediary can confidentially give the skin side an objective assessment of it and can. As a result, the parties are more likely to work out their chances at the time of the court review, and they are more willing to come to a compromise.
For the mediation of a super-girl, it can be virishena on whether there are legal minds, which are acceptable to the parties. The decision is based on the interests and purposes of the participants in the dispute, and not on the joke of the "right-handed wine." Decisions can be even more gnuchkiy zavdyaki to that, which in the regulation of the dispute is not obligatory reachable for the money of penny payments: for example, they can be vibacheni, an explanation was given, changes were made to the agreements.
You can see the following advantages of mediation before the judge’s arbitral review:
If mediation is possible, the parties can give advice, which is practically impossible in case of victorious judicial review;
The smallness of the unreachability of what has been reached is to please the opposing ones, who are blamed by the judge as an arbitrator, the shards of the party will freely turn to please;
For the mediation of a super-girl, it is allowed to call for a few days, and the process before the court often takes three months and winds;
The leaders of the organizations - participants in the dispute are not passive posters of the formal process, like a judge, but active participants in the negotiations;
There is a risk of guilt of an unfriendly court decision and the resulting prejudice, penalties, court fees, as well as a negative reputation.
The parties themselves make a decision to take part in the mediation procedure, and can go out of it to the ruling court. Mediation does not go over to the parties in case of inaccessibility, please go to court and win other procedures. If the parties cannot be reached, the mediator cannot be blamed for the obov'yazkove decision of any of these super girls without favor on those all sides. The mediator can be independent from the skin side and the mother of the power of interest for example dispute. The mediator supports constructive negotiations. As emotions rise, the mediator goes to private conversations from the skin side, conducting "official diplomacy". Through the war of mediation, the parties can make amends, may have legal force. If the mediation was carried out after the beginning of the judicial review, the parties can formalize the attainment of reconciliation with peace, as the court will affirm. Such a favor for the needs can be primus vikonan. For example, the mediation procedure has not been brought to the point of resolving the dispute, an hour for this holding cannot be taken into account, so that the parties better understood the super-cookie and prepared for the її vyshennya at the arbitration, court order.
Intermediation is not effective for all super girls. Vono especially bazhane, yakscho:
On the side of the future, they can tell that mothers can have a dark blue;
The sides are not obstructed by the public eye;
The judge’s decision is right for you, more for everything, you will be offended by the party, and the third decision will not be vikonan voluntarily;
Superechka is more foldable for the actual and legal plan;
Superechka sticks around sensitive for business food;
The parties do not argue that, having looked at the court, or arbitration (for example, the terms and conditions for review, including for the payment of the services of representatives, can lead to a win in the process, or the result of the review is not transferable).
Є kіlka vipadkіv, if mediation is hardly stagnant:
It is necessary to demonstrate innocence, so that other people did not hang such victories;
The side is not closed at the regulated price of the superchka;
The party can easily take a favorable decision to the court for a short term;
The side of the next is to turn more respect for the bulk to the price of superechki.
Within the framework of the intermediary activity, the intermediary is obliged to perform a number of functions. These functions are determined by the mediator of different roles. Stepan? P. in his robot saw the following roles of an intermediary (mediator): evaluating the conflict, active listener, unanticipated organizer of the process, generator of alternative propositions, expanding resources, testing the realism and setting of propositions, helper in the negotiation by the parties of residual problems, and residual partnerships.
Irrespective of those who have impersonal thoughts about the roles that are played by the mediator, we can look at those who enter the role of the skin, the same functions, as the mediator can win over, perebuvayuchi at your other role.
The procedure of mediation is zastosovna mayzhe to all superwomen, who are civil, family, labor lawyers.
The role of the mediator is played, from one side, in order to protect the ignorant minds of the conduct of the procedure (by the regulation), as the participants in the dispute at the very beginning of the process of mediation, and, from the other side, to defend the "unexplained" motives by the parties available to rozuminnya, that discussed. In other words, the mediator of exclamations will reveal and develop insight into the specific dysfunctional patterns of interaction between the participants, which are constantly being developed.
For all mediators, the main mental mediation in resolving conflicts is ineptitude.
The mediator has a head meta - to support both partners from the conflict and to be left with "neutral". Yogo's credo can be like this: "I do not take a pronounced position, if there are any of the parties, I do not play the role of an arbitrator, but I stand up for the offending parties." The mediator is trying to save a neutral position and free the parties to express their thoughts by stretching the entire process of mediation. Here, fairness is important, as well as the provision of equal opportunities for all participants to show their point of view, positions, interests, motives and encouragement.
Section 3. Orderbefore the termination of the mediation procedure
The parties to the mediation procedure are recognized as whether they are physical or legal entities - subjects of civil, labor and family legal entities, who can settle the superchka for additional mediation procedures.
The main stages of the mediation procedure:
Stage 1. Proposition about the animal before the mediation procedure
1.1. One of the parties (referring to Art. 8 of Law No. 193-FZ) supersedes the letter form proposition about annulment before the mediation procedure, to avenge the information: 1) about the subject of the dispute; 2) about the mediator, mediators, or about the organization, how to influence the activity from the safety of the mediation procedure; 3) about the procedure for conducting the mediation procedure; 4) about the participation of the parties in the courts involved in the mediation procedure; 5) about the term of the mediation procedure.
1.2. Likewise, one of the parties sent in a letter form a proposition about the termination of the mediation procedure, and for a stretch of thirty days from the day of the її direction, or by extending another reasonable term designated by the speech, it did not take away the benefit of the other side for the completion of the mediation procedure, such a proposition is important.
1.3. The proposition about the atonement before the mediation procedure can be broken on one side by the mediator.
1.4. The party (parties) that mediator for saving time can put "Agreement about the preparation before the mediation procedure with the use of electronic mail".
Stage 2. Acceptance of the mediation procedure
2.1. The mediation procedure starts from the date of signing by the parties regarding the conduct of the mediation procedure and the following information:
a) about the subject of the dispute:
2.2. In the description of the subject matter of the dispute, the party (parties) shall indicate the position that they are discussing and confirming the actual furnishings, on the basis of which the party should make sure that the visnovkas and the hangings are visible.
2.3. In the description of the subject of the dispute, it is not allowed to include false arguments (obvious evidence) - inaccurate and unreliable information, which will win one side with the method to bring your idea to the dispute or the situation.
2.4. The minds of the obviousness of the dispute are the obviousness of at least two sides, which may have an individual look at the subject of the dispute; the presence of differences among the parties-superers and the special affliction of the differences between them; the readiness is superb and the obviousness at the skin side of the arguments in a different degree of inconsistency.
b) about the mediator, mediators or the organization, which influences the activity due to the security of the mediation procedure:
2.5. To carry out the mediation procedure, the parties shall select one or more mediators for mutual benefit.
2.6. Medіator have razі nayavnostі abo viniknennya in protsesі performing procedures medіatsії obstavin, SSMSC mozhut vplinuti on Yogo nezalezhnіst that neuperedzhenіst, negayno zobov'yazany povіdomiti about tse side of the ABO in razі performing procedures medіatsії organіzatsієyu, yak zdіysnyuє dіyalnіst іz zabezpechennya medіatsії of the procedure, in takozh appointed organization.
c) about the procedure for conducting the mediation procedure:
2.7. The procedure for conducting the mediation procedure is established by the conduct of the mediation procedure.
2.8. Please, about the conduct of the mediation procedure, the parties may have the right to indicate on their own discretion the mediator determines the procedure for conducting the mediation procedure with the settlement of the circumstances of the dispute, indulgence of the parties and the need for the settlement of the dispute.
2.9. The order of the mediation procedure can be established by the parties in favor of the mediation procedure by way of reference to the rules of the mediation procedure, approved by the competent organization, which will increase the viability of the mediation procedure.
d) about the participation of the parties in the vitrates related to the mediation procedure:
2.10. The duration of the mediation procedure is determined by the mediator, both on a paid basis and on a free basis, the duration of the organization, as it affects the duration of the mediation procedure, is on a paid basis. Payment for the duration of the procedure of the mediation of the mediator, mediators and organizations, which determines the duration of the conduct of the procedure of mediation, is charged by the parties at equal parts, as if the stench did not come about otherwise.
e) about the lines of the mediation procedure (Article 13 of Law No. 193-FZ):
2.11. The term of the conducted mediation procedure is determined by the conduct of the mediation procedure. If so, the mediator of that party is to blame for all possible visits in order for the procedure to be assigned to be pinned in lines no longer than 60 (sixty) days.
2.12. In vinyatkovyh vpadkah zv'yazku zі klіznіstyu razvyazannya spore, znіbіdnіstyu otrimannya dodatkovї іnformatsії аbо documents іn termіnіnіnі procedіvі medіatsії mozhe buti zbіlshenija for domlenіstyu storіnistyu storіnі і for zgodoyu mediatora.
2.13. The term of the mediation procedure is not guilty of revisiting 180 (one hundred and seventy) days, with no fault of the term of the mediation procedure being carried out after the dispute is submitted to the court or arbitration court, but not revisiting 60 (sixty) days.
Stage 3. Carrying out the mediation procedure
3.1. Through the exercise of the procedure of mediation, the mediator can strum and trim the ties as if by the parties at once, as well as from the dermal side of them.
3.2. Under the hour of the mediation procedure, the mediator does not have the right to put his actions on the side of the most important camp, as if to apply legal and legitimate interests of one of the parties. The mediator does not have the right to introduce, as the parties did not agree on anything else, propositions about resolving the dispute.
3.3. The mediator does not have the right to:
1. be a representative of any party;
2. to give advice, be it on the other side of the legal, consultative or other assistance;
3. zdіysnyuvati dіyalnіst dіyalnіst dіyalnіstі dіyalnіtі, yakshcho pіd іd аn hour of carrying out the procedure іnії іnії іn іn іn special (directly chi і poredkovanno) tsіkavіlіv її її її її її її zakrema sladєєєє z shoyu є є odnієyu zі storіn, vіdnosinakh;
4. To work without the benefit of the parties of the community, declare a daily dispute.
3.4. For the sake of the parties, you can install additional resources to a mediator, including a mediator who works on a professional basis.
Stopping the mediation procedure for an hour I will consider the dispute by the court or the arbitration court
3.5. At the same time, the parties laid down the favor of the zastosuvannya of the mediation procedure and the prolongation of the term goiter, which was carried out for the її term goiter, did not appear before the court, or the arbitration court for the resolution of the dispute, which the viniclo or the parties can blame, the court or the arbitration tribunal is binding doti, Docks of washing your goiter will not be vikona, for a little wine, it’s necessary, on one side, to protect your rights.
3.6. If the dispute is submitted for consideration to the court or the arbitration court, the parties can stop the mediation procedure, whether it be mitigated, until a decision is made on the dispute, either by the court of arbitration or by the arbitration court. Vіdkladennya razglyadu inquire about superechku from the judge to the arbitral tribunal, and navіt skoєnnya іnshih procedural duties are recognized by procedural legislation.
3.7. The mediation procedure for disputes that are referred to the court or arbitration court before the beginning of the mediation procedure can be carried out only by mediators, so that they maintain their activities on a professional basis.
Confidentiality of information about the procedure of mediation
3.8. Under the hour of the mediation procedure, the confidentiality of all the information, crimes, transfers of federal laws, and violations, is protected, as the parties did not agree otherwise.
3.9. The mediator does not have the right to speak out the information that comes before the mediation procedure and became home during the hour of the mediation, without the benefit of the parties.
3.10. The parties, the mediator, as well as other individuals who were present during the mediation procedure, regardless of the fact that the judge’s review, the third review was superb, as it was the subject of the mediation procedure, they have no right to ask, as the parties did not agree about anything else , under the hour of a court review or an arbitration review of information about:
1. the proposition of one of the parties about the delay in the mediation procedure, as well as the readiness of one of the parties to participate in this procedure;
2. thoughts or propositions, drawn up on one side of the way, allowing for the possibility of resolving the dispute;
3. knowledge that one of the parties involved in the course of the mediation procedure;
4. readiness of one of the parties to accept the proposition of the mediator or the other party about resolving the dispute.
3.11. However, the mediator's information, which is considered before the mediation procedure, is not allowed, with the vinnyatkiv, transferring federal laws, that is, the parties did not agree otherwise.
3.12. At a glance, if the mediator has taken away from one side the information about the procedure of mediation, you can disclose such information to the other side only for the sake of the party, as it gave the information.
Stage 4. Mediation favor
4.1. The mediation favor is laid down in a written form (part 1 of article 123 of Law No. 193-FZ) and is guilty of revenge on the parties, the subject of the dispute, the mediation procedure was carried out, the mediator, and also the parties agreed to goiter, wash that line of vikonannya.
4.2. Mediative piety is based on the principles of goodwill and the summation of the parties.
4.3. Mediation favor, achieved by the parties as a result of the mediation procedure, carried out after the transfer of the dispute to the court or the arbitration court, may be confirmed by the court or the arbitration court as a settlement of the peace before the procedural law or the law on arbitration, the law on international arbitration.
4.4. Mediation is pleasing to the dispute, which is a winkla of civil law, reached by the parties as a result of the mediation procedure, carried out without transferring the dispute to the court or the arbitration court, є civil legal right, direct to the establishment, change or attachment of the rights of the binding. Until such a please, the rules of the hromadaian legislation on accession, on innovation, on forgiveness of the borg, on the sound of the stunner of uniform vimoga, on the exodus of shkoda can be stagnated. The defender of rights, violated in the past by the nevikonannya, or the improper vikonannya of such a mediative land, is enforced by the laws, transferred by the civil legislation.
4.5. Mediative favor is guilty of violating the law, limiting the rights of the parties, and also not interfering with the rights and interests of third parties. In other ways, the meditative favor can be revenged by the enforcement of the rule of law.
Stage 5. Attachment of the mediation procedure
5.1. The mediation procedure is connected with the following conditions:
1. laying down a mediation agreement by the parties - from the day of signing such agreement;
2. laying down by the parties about the application of the mediation procedure without access to any obvious differences - from the day of signing such a please;
3. the mediator's statement in a letter form, sent to the parties after consultations with them about the procedure of mediation through the failure of the mediation, - on the day of sending the statement;
4. an application in a written form of one, or both of the parties, sent to the mediator, about the continuation of the mediation procedure - from the day the mediator cancels the application;
5. the end of the term of the mediation procedure - the end of the procedure.
Visnovok
Mediation is the price of a new stage of the super-judgment cherry blossom, about which today in Russia there are more and more often and without exception, the building wedged into the entire "legal field" of our country.
For more vipadkіv, as the parties that are competing, win their problem by way of discussion, then the stench can come to the final of a swedish and best result, lower at the ship's view.
Spiryuchis on dosvіd, scho schavsі for the rest of the sprat ten years, we can talk about those who, for the help of mediation, you can practi- cally be a super girl, for the obviousness of the pragnennya side to її vyshennya.
Mediation is an alternative to the ship's method of displaying borgovy superechok. The mediation procedure can be effectively vindicated after the court process is carried out, at the stage of contraction according to the list. In a few ways, the mediation is more effective, lower primus constriction. Mediation of the good allows you to save business and disputes, and often friendly relations between the parties to the conflict.
Under the hour of mediation, a moratorium on aggressive action is introduced, mediator control until the beginning of the rule. The decisions on the right side themselves know at once from the mediator, which is worthy of trust and honor of both sides.
Mediation allows the parties to get out of the impasse situation, to demonstrate the high cultural level of the parties, then, after the court’s review, everything will end with a burst of hundreds of words and unacceptable traces.
List of vicorists dzherel
Normative legal acts:
1. The Constitution of the Russian Federation, adopted by the nationwide vote on December 12, 1993 // Verkhovna Rf Vedomosti.1993. No. 13.
2. Code of Civil Procedure of the Russian Federation, dated November 14, 2002 No. 138-FZ. // Vіdomosti of the Supreme RF. 2002. No. 46. (With changes and additions). regulation of the law conflicting mediation
3. Federal law dated July 27, 2010 No. 193-FZ "On the alternative procedure for settling disputes over the participation of an intermediary (mediation procedure)" // Verkhovna Vydomost. - 2010. - No. 31.
4. Federal Law of April 27, 2010 N 194-FZ "On the introduction of amendments to the legislative acts of the Russian Federation in connection with the adoption of the Federal Law" On the alternative procedure for regulating disputes over the participation of an intermediary (mediation procedure)".
Assistants and supervisors:
5. Besemer H. Mediation. Mediation in conflicts. Irpin. 2004.
6. Gvozdarya? M.? IN.? Mediation as a method of alternative resolution of corporate conflicts: Abstract of the thesis. dis... cand. sociol. Sciences. - M., 2006.
7. Davidenko? D.? L.? Nutrition of legal terminology in the sphere of "alternative resolution of disputes" // Arbitration Court. – 2009. №?1.
8. Konnov? BUT.? YU.? Understanding, classification and main types of alternative ways of resolving disputes // Journal of Russian Law. - 2004. No. 12.
9. Fingers Yu. Nevirisheni food reconciliation // Ezh-Lawyer. 2010 No. 44.
10. Popovich A.A. Mediation as an alternative way to resolve disputes// Svіtovyj suddja 2011 No. 3.
11. Rekhtina I.V. Mediation in Russia as an alternative way to achieve superechok and an element of integration in European trade // Lawyer. 2012. No. 11.
12. Reshetnikova? I.? IN.? Right zustrіchnogo Rukh. Mediation and Russian Arbitration Process // Mediation Law. Mediation and reconciliation. - 2007. No. 2 (4).
13. Sattarova A.A. Formation of the Institute of Mediation in Modern Russia: Problems and Prospects // Legal Svit. 2011. №1.
14. Khokhlov V.A. Legal qualification of mediation guide. Laws of Russia: dosvid, analysis, practice. 2011 No. 5.
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Analysis of the Federal Law of 07.07.2010r. No. 193-FZ "On an alternative procedure for settling disputes over the participation of an intermediary (mediation procedure)"
The global legal sensation has been ordered by the Law on mediation to promote the development of the Russian community of society, members of which, Volodymyr high level vydpovidalnosti for their own actions, independently violate the feuds that they blame between them, going to help state institutions, scho may be in vladni povnovazhennya, only in extreme depressions.
Prote, without regard to the mortgage of the Law on mediation of success, reconsidered the development in Russia of an alternative procedure for resolving disputes, the positive result of the implementation of the procedure in law enforcement practice is left without doubt. Analyzing the provisions of the Law on mediation, the thought of those who practiced, we made such decisions:
In the first place, the law lacks a clear definition of the scope of yoga zastosuvannya, and the very number of superechok, to which it is allowed to zastosovuvat the mediation procedure. So, part 2 Statti 1 Act to visit the subject of a joint regularly, Scho Vinovyutyuyu Zevіlniy Delvіdnosin, in the Number of ZVDPRYOMNIKO ІЗ Іншоїнныемныеми и и илолості, and torzoi, Scho Vinovyutnu Iz. Rukovdnosin. With this part 5 tієї and statt 1 of the law, including the blocking of the mediation procedure before disputes, assigned to part 2 of statt 1, so the superchicks stick around or they can stick around the rights and legitimate interests of third parties, so they don’t take part in the procedures, public media
The law on mediation does not retaliate against those who, by virtue of which they may interfere with the rights and legitimate interests of third parties, in order to exclude the mediation procedure before the dispute. The concept of "suspicious interests" in the law is also not revealed and appreciated.
In another way, the enshrining of the Law on mediation in part 2 of article 12 is the principle of goodwill and summation of the parties in the event of victorious mediation, which enshrines the result of the dispute, generating doubts in the vikonannі mediative area. Yak VKazuє at your robotі Davidenko D. "Neutno Chіtko Виккодоненненненнение на маха механімсм" VOSPANNIA Cleaning Civic Legislative Legislative, Novakіyu, forbidden Borge, about the lodge of Zutsvіchi, about the Borg, about Vіdshkoduannya Skkoi, not wait. Davidenko D. How to escape the court's eye: mediation in business conflicts. M., Vidavnichy dіm sekret firmi, 2006. P.14.
Thirdly, the award of the mediator with new responsibilities to accept the mediation procedure by way of sending the parties to the dispute a statement about the inadequacy of the further conduct, referred to by paragraph 3 of Article 14 of the Law on Mediation, to confirm the possibility of managing the procedure by the mediator himself, that you can not start the procedure positively. With this, the position of the mediator is put under the doubt as an independent individual, as if it were a perfect dispute.
Fourthly, regardless of those that the Law on Mediation laid down the legal basis for the organization of the activities of mediators, the law does not include the status of a mediator with a particular super-specialty, as it does not have the necessary qualifications and dosvidu not only in the sphere of persons. , yakі refl
Summing up the feasibility of implementing the mediation procedure, citing clause 2 of part 6 of article 15 of the Law, for example, the mediator does not have the right to give legal advice, advice or help to others. How about for such minds, is it possible to carry out mediation? Even though the main task of the mediator is to give the parties to the dispute legal rights and help in resolving the conflict.
A single mindfulness of mediation is the favor of the parties. Alec's little bit, so that the mechanism was zapratsyuvav. The law is not less likely to avenge those who are unable to mediate the procedure and mediators, but it does not create a legal basis sufficient for the functioning of the institution organizational structure. It is not necessary to clarify that the subjects of the state will hurry to include in the agreement about the mediation of the guard and go to the mediation procedure. On the other hand, legislator fixing obov'yazkіv storіn konflіkt for deya kategorіy superechok in the pre-trial order to apply for the help of a mediator ineffectually, brіkіlki prizvle only to dodatkovym vitratami sides, having created a bureaucratic barrier bar At the link with the cim dotsily look at the power of granting the court the right for certain categories of rights in the primus order to transfer a specific super-price to the mediator for yogo peaceful regulation.
On-p'yate, it is not appointed, as the power of matimut meditative please.
Listed more problematic aspects of the Law, prote, antrohi do not change its meaning. However, the stink is a wonderful incentive for a far-reaching development of legislation dedicated to alternative dispute resolution procedures, which gives the freedom that hope is necessary for him.
Another important factor of practical zastosuvannya Law є nutrition about those, chi є future in commercial media in Russia, it is necessary to protect a few factors, among them the most important political, legal, economic and social.
From a glance of the right, the state has worked its way up to the legislative regulation of commercial mediation. At the same hour, first Russian law about mediation can hardly be called a distant trial of regulation. The law does not avenge real incentives until the development of commercial mediation and does not give Russian and foreign enterprises real benefits in the form of mediation in Russia.
In this way, from the position of law in the nearest possible commercial mediation, it is unlikely that it will become a real alternative to the common, though ineffective, and intransigent judicial view.
This camp is supported by the current of real economic rethinks to promote the popularity of mediation among entrepreneurs. Today in Russia there is a small number of organizations that work, including representatives of great business, who collect fees for conducting mediation. The number of services for conducting mediation should be calculated in due course in a sum dispute, and not from a yearly rent or a day, as is customary in most countries of the EU and the USA. However, for such prices, pay for the reconciliation procedure and transfer the reconciliation of the sovereign mit and other court documents that are necessary for review in court. At the same time, the low rates of payment for conducting mediation will not be acceptable to the fact that a larger number of fakhivtsiv were trained and engaged in the practice of commercial mediation, as well as the stench will not be taken away from the real financial contribution.
The situation is also aggravated by blatant skepticism about commercial mediation from the side of Russian companies, yak, not knowing and not understanding, like the procedure itself, often simply do not care about the need to pay for the services of an intermediary in the order of the dispute.
It is obvious that the hour was not yet far away until the practice of mediation of commercial conflicts in the right camp became a part of Russian business culture. It’s not unimportant that the first step is to destroy Russian companies directly, as it is possible to create long-term partnerships with foreign companies. The very side of the practice of international commercial mediation is the entry of the practice of friendly resolution of conflicts in the Russian business. Abolonin V.O. Until the supply of commercial mediation in Russia. // Arbitration and Civil Procedure. – 2011 - No. 4. - Art. 34, 35
