Using mediation in arbitration proceedings
The Federal Law of 27 July 2010 № 193-FZ "On alternative dispute resolution procedure involving a mediator (mediation)" comes into force January 1, 2011.
The mediation procedure, according to the law, refers to the way to resolving disputes through a mediator based on the voluntary consent of the parties to reach a mutually acceptable solution. In this case, the mediators may be independent individuals, invited by the parties as intermediary to resolve the dispute and assist the parties in finding a solution.
If the parties entered into an agreement to use mediation and, within a specified period for its implementation, pledged not to go to court or arbitration tribunal to settle the dispute which has arisen or may arise between the parties, the court or the arbitration tribunal recognizes the strength of this pledge until the conditions of the pledge are not fulfilled. If the parties have entered into a mediation agreement on a dispute that is already being considered in the arbitration court, arbitration is adjourned for a period of mediation set in the agreement. Adjourning a dispute in court, as well as other procedural action, is determined by the remedial legislation of the Russian Federation.
Managing Partners of our firm, Mr. Tsvetkov and Mr. Onatsky, have extensive experience in mediation and are ready to provide these services.