Settlement of a dispute (conflict) by mediation
In accordance with Article 48 of the APC, the parties may conclude the case under consideration in court with an agreement to settle the dispute by mediation. The parties may apply for mediation at all stages of civil legal proceedings. 3.2.when preparing a case for trial, as well as in court proceedings in accordance with Article 194 of the APC, the presiding officer explains to the parties about their right to resolve the dispute by mediation and the consequences of such actions. The judge allows the parties to apply to the mediator. 3.3. In the mediation agreement, the voluntary expression of the parties ' intentions is a condition for participation in the mediation procedure. 3.4.when conducting the mediation procedure, the parties disclose significant circumstances for making a decision on the dispute under consideration and are responsible for the fulfillment of the terms of the agreement reached by them. 3.5.since during mediation the mediator does not have the authority to make any decision that obliges the parties to the dispute, the parties independently make a decision on the agreed termination of the dispute. 3.6. The mediator does not study the arguments and does not give a legal assessment of the requirements of the parties, his task is to create conditions for negotiations between the parties, assist in discussing the essence of the dispute (conflict) – the circumstances disputed by the parties, as well as possible ways to resolve them on favorable terms for all participants. 3.7. the judge does not have the right to force the parties to mediate in any form. 3.8. When a petition is received by the parties to the case to settle the dispute by mediation in the courts of first and appellate instance, it is satisfied before the court leaves for the deliberation room. The proceedings in the case are terminated for a period not exceeding one month without fail in accordance with subparagraph 7) of Article 272 of the APC.
The parties may submit a petition for settlement of the dispute by mediation to the court of Cassation instance, if it does not require additional procedural actions and suspension of consideration of the case. 3.9.for mediation in the court of first instance, the case is transferred to another judge. At the request of the parties, mediation may be carried out by the judge who is considering the proceedings. 3.10.the judge conducting the mediation appoints the date of the mediation and informs the parties about the time and place of its holding. Mediation in court takes place in accordance with the APC and the law "on Mediation". 3.11. In the course of mediation, the judge must maintain impartiality and equal treatment of the parties to the dispute under consideration. 3.12. mediation in the settlement of disputes arising from civil, labor, family and other legal relations involving individuals and (or) legal entities under the jurisdiction of the court must be completed no later than thirty calendar days from the date of conclusion of the mediation agreement. If necessary, the parties may extend the term of mediation up to thirty calendar days with subsequent sending of joint written notification to the court, but it should not exceed sixty calendar days in total. 3.13.an agreement on the settlement of a dispute (conflict) by mediation is concluded in writing and signed by the parties or their representatives (if they have the powers specifically provided for in the power of attorney) (appendix No. 2. Sample agreement on the settlement of a dispute (conflict) in the order of mediation). 3.14. The judge in whose proceedings the case is located checks the content of the agreement on the settlement of the dispute (conflict) by mediation and issues a ruling on its approval and termination of proceedings in the case. The agreement on the settlement of a dispute by mediation must comply with the requirements of the law "on Mediation", articles 176, 177 of the agreement on the approval of this agreement under the second part of Article 180 of the APK. If an agreement on the settlement of a dispute (conflict) by mediation is concluded during the execution of a judicial act, then it is submitted to the court of first instance at the place of execution of the judicial act or to the court that adopted the said Act. 3.15.the petition of the parties to approve the agreement on the settlement of the dispute (conflict) by mediation is considered in the presence of the parties at the court session. 3.16. An agreement on the settlement of the conflict reached by the parties when conducting mediation in the course of a criminal process means an agreement on the settlement of the conflict by compensating for the damage caused to the victim and reconciling the person who committed the criminal offense with the victim. 3.17.the conflict settlement agreement enters into force on the day of its signing by the parties. 3.18.it is not allowed to conclude an agreement (agreement) on the settlement of a dispute (conflict) by mediation on the condition of postponement. 3.19. The legal consequences of concluding an agreement on the settlement of a dispute (conflict) by mediation must be explained to the parties in accordance with part two of Article 177 and part two of Article 278 of the civil code before its approval by the court. If the case is considered in simplified (written) proceedings, then the court has the right to consider the petition of the parties to approve the agreement by mediation in the case provided for in the second part of Article 278 of the civil code, provided that they are acquainted with the legal consequences of termination of proceedings and are clear to them in the conciliation agreement.
If they are not specified, the court proceeds to consider the case in a general manner according to the rules of claim proceedings. 3.20. the court issues a ruling on approval of the agreement on the settlement of the dispute (conflict) by mediation and termination of proceedings in the case, which specifies: 1) the terms of the agreement on the settlement of the dispute (conflict) by mediation and the terms of their implementation; 2) approves the agreement on the settlement of the dispute (conflict) by mediation; 3) terminates proceedings in the case; 4) allocates court expenses (Article 115 of the APK, part four of Article 176 of the APK; If the settlement agreement does not specify the condition for the distribution of court costs (state duty and court costs), they are recognized as mutually reimbursed in accordance with part four of Article 176 of the APC; 5) indicate the return of the paid state duty from the budget, taking into account the provisions of Article 548 of the tax code and part two of Article 109 of the APC. 3.21.cases concluded with an agreement on the settlement of a dispute (conflict) by mediation are not subject to revision in Cassation.
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