Mediation is becoming an increasingly popular dispute-resolution tool in Belarus. In the context of the rapid development of economic and social relations, it is important to find alternative ways to resolve conflicts that will help maintain business and personal ties, save time and resources.
Mediation provides the parties with the opportunity to independently find a solution that satisfies both sides with the help of a qualified mediator.
Who are the Mediators
Mediators are independent and impartial specialists who help the parties involved in the conflict reach a mutually acceptable agreement. Their main task is to create conditions for a constructive dialogue, help the parties in the dispute identify their true interests, and find optimal ways to satisfy them. Mediators do not make decisions for the parties and do not impose their opinions; their role is to facilitate effective communication and compromise.
What is the Role of a Mediator in Resolving a Dispute
The mediator acts as a neutral and impartial mediator in the negotiations. The main function of a mediator is to ensure constructive negotiation between the parties to achieve a mutually beneficial solution that will resolve the conflict. The mediator does not resolve the conflict for the parties, has no right to propose options for its resolution, and is not responsible for the agreement reached by the parties. It helps the parties focus on finding solutions together, distracting them from the emotional aspects of the conflict.
Who Can Be a Mediator
In Belarus, mediators can be either private specialists or employees of specialized organizations who have received appropriate training and certification. An organization dealing with mediation can be created as a non-profit organization or as a separate subdivision of a legal entity. The Ministry of Justice of Belarus registers such institutions. Separate divisions of organizations that deal with mediation are registered with the Main Departments of Justice of local regional executive committees. As of January 2025, there are 12 entities in the register of organizations and separate mediation units.
Individual mediators must have higher education and experience in mediation work, or they must be trained in mediation and pass a qualification exam administered by the mediation commission under the Ministry of Justice of Belarus. At the end of the exam, the mediators are given a mediator’s certificate.
The Ministry of Justice of Belarus maintains a register of mediators. Mediators report to the Ministry of Justice annually.
Who Can’t Be a Mediator
An individual cannot act as a mediator when:
- He is a civil servant or a judge.
- Recognized as legally incompetent or with limited legal capacity.
- Has a criminal record.
- The powers of a person as a judge, prosecutor, employee of the Investigative Committee, an employee of the State Committee for Forensic Examinations, Law Enforcement agencies, State Security, border guard service, an employee of the State Control Committee, tax and customs authorities, or another civil servant, notary or lawyer are lost on grounds related to violations incompatible with professional activity — in within three years from the date of making such a decision unless otherwise provided by law.
- A decision has been made to terminate the mediator’s certificate in relation to a person due to a violation of the mediator’s ethics rules.
Where to Get a Mediator’s Education
The Belarusian Ministry of Justice website has a list of organizations that can train mediators: https://minjust.gov.by/directions/advocacy/mediation/organizations/. There are 8 organizations located in Minsk, Grodno, Lida, and Brest.
What to Consider when Choosing a Mediator to Resolve a Dispute without Trial
When choosing a mediator to resolve a dispute in Belarus, it is worth paying attention to several key factors:
1. Experience and Qualifications
Learn about the mediator’s professional experience in dispute resolution, especially in your field.
Ensure the mediator has the appropriate education and certification recognized in Belarus.
2. Specialization
Determine if the mediator specializes in specific disputes, such as commercial, family, or labour disputes.
3. Reputation
Ask for reviews and recommendations from previous clients.
Find out if the mediator is a member of a professional association of mediators.
4. Neutrality and Impartiality
The mediator must be neutral and have no personal interest in the case’s outcome.
Check if he has a conflict of interest with one of the parties.
5. Communication Skills
A mediator should be an excellent communicator who can listen and effectively communicate information between the parties.
6. Cost of Services
Specify the cost of the mediator’s services and ensure it fits your budget.
7. Flexibility and Accessibility
Find out how much the mediator will adjust to your schedule and circumstances.
8. Legal Understanding
The mediator must share the parties’ understanding of the law in order to help them find a legal and fair solution.
Choosing the right mediator can significantly increase the chances of a successful dispute resolution without going to court. We recommend contacting our experienced lawyer to choose a mediator.
When Can the Parties to the Dispute Contact a Mediator
First, mediation can be provided as a mandatory pre-trial procedure in the dispute resolution section of the agreement between business entities.
You can contact a mediator before the trial and in cases where there is no contractual relationship between the parties to the dispute (for example, in case of divorce) and after initiating a court case. People usually turn to a mediator for civil and economic matters.
Mediation Procedure
The mediator can schedule a free informational meeting before conducting mediation. The rest of the interaction with the mediator is paid. The remuneration rates need to be specified on a case-by-case basis. Let’s present the mediation process step by step.
Step 1. The desire to resolve the conflict without trial
At this stage, the parties desire not to go to court but to attempt to resolve the dispute without trial. Or in court, the parties to the dispute may decide on mediation.
Step 2. Getting a lawyer’s advice and choosing a mediator
At this stage, the parties contact a lawyer or a mediation company and select a mediator based on the specifics of the dispute.
Step 3. Conclusion of an agreement on the use of mediation
It is a written agreement that is concluded between the parties to the dispute. Capable individuals and legal entities can agree.
The mediation agreement should include a provision stating that all or some disputes arising under the parties’ obligations will be resolved through mediation. The document should also contain:
- Information about the mediator(s).
- The time and place of the mediation process.
- The amount of remuneration for the mediator. Usually, the remuneration costs are divided equally between the parties to the agreement.
- The agreement may contain additional terms agreed upon by the parties.
The mediation agreement may be amended and/or supplemented. It can also be terminated with the parties’ consent.
Step 4. Conducting negotiations (mediation sessions)
During mediation, the mediator holds meetings with all the parties to the dispute and separately with each of them. One meeting lasts approximately 2.5-3 hours. Mediation cannot last longer than 6 months.
Step 5. Conclusion of a mediation agreement
This agreement is concluded based on the mediation results. It sets out the agreements reached by the parties, their obligations to resolve the dispute, and the deadlines for fulfilling these obligations.
The parties may refuse mediation at any stage. The mediator is sent a written statement with the parties’ signatures to do this.
Step 6. Execution of the mediation agreement
The parties execute the mediation agreement voluntarily and in good faith. The parties can determine the consequences of non-fulfilment of the agreement in the agreement itself. Belarus has a high level of enforcement of mediation agreements (approximately 92%). A mediation agreement can be enforced if it meets the state’s requirements. For example, if the court is already considering the case, the mediation agreement must be approved by the court. Otherwise, you must go to court to fulfil the mediation agreement.
Pros and Cons of Contacting a Mediator to Resolve a Dispute without Trial
Mediation is becoming an increasingly popular way to resolve disputes in Belarus, offering an alternative to litigation. This method has pros and cons, which should be considered before deciding whether to contact a mediator.
Pros of Contacting a Mediator:
1. Speed of the Dispute Resolution
Mediation often takes less time than trials, which can take months or even years.
2. Cost Reduction
Mediation services are generally cheaper than legal fees, including attorney and court fees.
3. Privacy
All mediation discussions are confidential, allowing the parties to openly discuss their problems without the risk of public disclosure.
4. Control over the Result
The parties make their own decisions, which allows them to reach a mutually beneficial agreement, while the court makes a binding decision for all.
5. Maintaining Relationships
Mediation often helps maintain or improve relations between the parties, which is especially important in family, commercial or labour disputes.
Cons of Contacting a Mediator:
1. No Binding Decision
Mediation is based on the parties’ voluntary nature, and if one of them is not ready to compromise, the process may end without a result.
2. Not all Disputes are Suitable for Mediation
Legal disputes that require an official legal decision or precedent are often unresolved through mediation.
3. Dependence on the Mediator’s Professionalism
The quality of mediation strongly depends on the qualifications and experience of the mediator, which may vary.
4. Non-Binding Arrangements
Although agreements reached can be legally fixed, they often remain non-binding, and a party may refuse to comply with them.
Thus, contacting a mediator can be an effective tool for quick and relatively cheap dispute resolution, but it requires the parties to be ready for dialogue and compromise. To get a question about the binding nature of the mediation agreement in your case, we recommend you consult our experienced lawyer.
Conclusion
Mediators in Belarus play an important role in dispute resolution by offering an alternative to litigation. Their work aims to achieve mutually acceptable solutions that help maintain and strengthen business and personal relationships. In the modern legal system context, mediators are increasingly demanding due to their ability to effectively and promptly resolve conflicts. The development of the mediation institute in Belarus opens up new opportunities for citizens and organizations, providing them with access to fair and peaceful dispute resolution. It, in turn, helps to strengthen the legal culture and increase the level of trust in society. Please contact our experienced lawyers to help you choose a mediator, to represent your interests and to prepare mediation documents.
Contact us
If you have any questions related to dispute resolution and mediation in Belarus, we will be happy to help! Our long-term experience will help you choose a mediator, to represent your interests and to prepare mediation documents.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
