The State Duma adopted in the third reading a law on an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure). From January 1, 2011 an out-of-court procedure for resolving civil disputes with the participation of neutral persons (mediators) is established as an alternative to judicial or administrative proceedings. The law defines the scope of application – the settlement of civil, family and labor disputes. At the same time, the mediation procedure cannot be used in civil, labor, or family relations if the results of the dispute settlement may affect the interests of third parties not participating in the mediation procedure, or public interests (for example, in insolvency (bankruptcy) cases).
The requirements for the agreement to conduct the mediation procedure are established. The agreement is concluded in writing and must contain information: about the parties, the subject of the dispute, the mediator (mediators) or the organization providing services for the mediation procedure, the procedure for conducting the mediation procedure, the conditions for the parties to participate in paying the costs associated with the mediation procedure, the timing of the mediation procedure (it should not exceed 180 days). In this case, the mediator and the parties must take all possible measures to ensure that this procedure is completed within no more than 60 days.
The appointment of a mediator is made by mutual agreement of the parties, and services for conducting the mediation procedure can be provided either on a paid or free basis. Mediation procedures are prescribed – extrajudicial, pre-trial and judicial, providing for the mediation procedure at any stage of the trial. Requirements are established for mediators whose activities can be carried out on a professional basis (persons who have reached the age of 25, have a higher professional education and have completed a training course under the