Family mediation

Mediation procedure in Belarus

In Belarus, mediated conflict resolution is becoming more and more popular. This is a peaceful way of resolving disputes when the parties manage to come to an agreement that suits both parties, without a trial, with the help of a mediator.

Regarding marriage and family disputes when the spouses apply to the court, the judge explains to them the possibility of contacting a mediator.

Mediation principles

The main principle of mediation is voluntariness. This is the main difference between this procedure and court proceedings. If the parties agree to resolve the conflict with the help of a mediator, this is already the path to success in resolving the dispute.

The second principle of mediation is the impartiality of the mediator. This should be a person who is not interested in the outcome of the conflict, who has no claims to any of the parties.

Mediation is also based on the principle of confidentiality. Any information that has become available to the mediator is not subject to disclosure and constitutes a secret.

Another important principle of mediation is the equality of the parties. There are known situations when two people act as mediators – a male and a female. This is due to the need to ensure gender impartiality in the settlement of disputes between spouses, their equality.

Mediation Agreement

When making a decision to resolve the conflict through mediation, the spouses have the right to conclude an agreement between themselves on mediation. In such an agreement, persons have the right to choose a specific mediator, agree on the amount of remuneration for the mediator, and set the time frame for the mediation.

Mediation term

As a general rule, the mediation period is 6 (six) months. If after this period an agreement is not reached, then in any case the mediation is considered completed, the parties can resort to a new mediation procedure and choose a new mediator.

Mediation agreement

A mediation agreement is a transaction between the parties, giving rise to civil rights and obligations. Thus, a mediation agreement is developed during the mediation process and contains provisions that are binding on each of the parties. A mediation agreement is the result of mediation, a way out of the situation, the settlement of a dispute while respecting all the rights and interests of the parties.

In other words, a mediation agreement is a decision that has been reached by the parties who entered the mediation procedure.

Parties to the mediation agreement

The parties to the mediation agreement in family law are spouses, individuals. An individual must have full legal capacity, i.e. he must be at least 18 years old, understand the meaning of his actions and lead them. A marriage union must be formalized between the parties.

Terms of mediation agreement

In the text of the mediation agreement, it is necessary to indicate:

– mediator data;

– information about the parties to the agreement;

– the essence of the dispute;

– obligations of the parties, which are determined during the negotiations;

– measures to fulfill obligations;

– terms of fulfillment of obligations.

It is important to remember that the terms of the mediation agreement should not violate the rights and interests of third parties, as well as contradict the legislation of Belarus.

Certification of mediation agreement

A mediation agreement concluded in accordance with the requirements of the law and containing the essence of the decision to resolve the dispute is subject to certification by the parties.

Thus, the mediation agreement is signed by the mediator and representatives of both parties. A mediation agreement can also be signed by power of attorney, however, the power of attorney must separately spell out the authority of the authorized person to sign the mediation agreement. Such a power of attorney must be certified by a notary.

Implementation of the mediation agreement of Belarus

The mediation agreement is subject to mandatory execution by the spouses. In this case, the mediation agreement must specify the period for the voluntary execution of the agreement. If it expires, the injured party can go to court for enforcement.

It should be noted that the parties may also apply measures to ensure the execution of the mediation agreement. These can be the seizure of the debtor’s property, the ban on leaving the country, etc.

Compulsory execution of a mediation agreement

If one of the parties does not voluntarily fulfill the mediation agreement, the other party has the right to go to court to obtain a writ of execution. In this case, it is necessary to pay a state fee in the amount of 10 basic units.

Compulsory execution of the agreement is connected both with the application of interim measures and with the recovery from the unscrupulous party of the costs incurred by the injured party.

In this case, it is necessary to apply to the court at the location or place of residence of the debtor, and if it is unknown – to the court at the location of the debtor’s property.

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