02.10.2024
The business offers mandatory pre-trial settlement of disputes for unloading ships
Russian business has put forward a proposal to oblige companies to try to resolve disputes before the court by introducing mandatory mediation. This measure will help reduce the burden on the courts, especially in industries where the number of court disputes is particularly high.
Mediation is a process in which the conflicting parties, with the help of a neutral mediator, try to reach a compromise. The business proposes to include a so-called mediation clause in standard contracts. This is a condition that obliges the parties to first contact the mediator in the event of a dispute, and only then, in the absence of a result, to the court. Proposals to introduce such amendments to Law 193-FZ “On Alternative Dispute Settlement Procedure” have already been sent to the State Duma and the Ministry of Justice.
For the successful implementation of mandatory mediation, the business highlights several key recommendations. Thus, the contract must provide for a written agreement between the parties on the use of mediation. This can be either a mediation clause in the contract, or a separate document with a clear description of the terms of dispute resolution. It is also important to provide that recourse to the court is possible only after the completion of mediation, if a compromise has not been reached.
Additionally, it is recommended to determine in advance the specific mediator or organization to which the parties will contact in case of a dispute. This will speed up the mediation process. It is also necessary to agree on the payment procedure for the mediator’s services and the timing of the process.
The introduction of mandatory mediation can become an effective tool for unloading courts and reducing the time for dispute resolution.
YANG CONSULT Business Law Company is ready to become your reliable partner and mediator in dispute resolution.
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