Sometimes disputes arise between a Belarusian company and its foreign business partner. Such disputes can be resolved without judicial proceedings. To successfully resolve differences, the parties can negotiate with their representatives or use the services of a mediator and negotiate a mediation procedure. Our experienced lawyers can represent your interests in negotiations or act as mediators, advise on the choice of a mediator.
Dispute settlement negotiations
The parties may negotiate a settlement of the dispute with the participation of their competent representatives.
What does the representative do
To conduct negotiations, the representative together with the client’s manager or employees:
- develops the client’s position,
- introduces the other party to the position,
- gets acquainted with its position and explains it to the client.
The result of negotiations on the settlement of the dispute
During the negotiations, it will be optimal to work out a mutually acceptable option for resolving differences. Such a result is usually formalized by an additional agreement to the contract.
Following the results of the negotiations, the parties may:
- make changes and additions to the contract concluded between them, from which disagreements arose,
- terminate such a contract and conclude a new one.
The agreements that the parties reached during the negotiations do not relate to the executive documents. Such agreements are not handed over to enforcement officers.
Payment for the services of a representative
The services of representatives of the parties to the negotiations are paid depending on the tariffs of the law firm that represents the interests of your business. Our tariffs provide discounts for regular customers.
When can the parties negotiate with the participation of a mediator
A mediator is a disinterested individual who, with the participation of the parties to the dispute, conducts negotiations (mediation) to assist the parties in resolving the dispute.
Conclusion of an agreement on the use of mediation
In order to negotiate with a mediator, the parties conclude an agreement on the use of mediation. This agreement may look like a single document signed by the parties, or it is reached during correspondence and exchange of documents. One of the parties may ask the mediator to contact the other party with a proposal to resolve the dispute.
The mediator’s services are paid according to his tariffs.
Issuing power of attorney to representatives
If both parties agree to conduct negotiations with the participation of a mediator, they issue powers of attorney to their representatives to participate in the negotiations and to conclude an agreement on the use of mediation. Our lawyers are ready to examine the essence of the disagreement between the client and the other party and represent the client’s interests by a power of attorney in the mediation procedure.
How is the mediation procedure going?
The period of mediation
The procedure for conducting mediation is established by the parties in the mediation agreement. The maximum period of mediation is no more than 6 months from the date of conclusion of the mediation agreement.
Features of negotiations in the mediation procedure
The parties may invite other interested parties to negotiate in the mediation procedure, that is, the company may send several representatives to participate in mediation. First, the parties determine the causes of the dispute, then formulate controversial issues, independently propose solutions. All information that is voiced in the mediation procedure is confidential.
Conclusion of a mediation agreement
When the parties reach agreement on disputed issues, they conclude a mediation agreement. This is a written document signed by the representatives of the parties and the mediator.
Execution of the mediation agreement
A mediation agreement can be executed as an executive document. To do this, the interested party submits to the economic court at the debtor’s location an application for the issuance of an enforcement document for the enforcement of a mediation agreement.
How we can be useful in negotiating a dispute settlement, participating in the mediation procedure
Our lawyers and attorneys are experienced specialists in the field of negotiation, participation in mediation and speak English. We can:
- Prepare documents for negotiations on dispute settlement with a business partner;
- Organize negotiations on dispute settlement with a business partner and represent your interests;
- Advise on the issues of drafting an agreement on the use of mediation;
- Assist in the selection of a mediator candidate who meets the requirements of the Law of the Republic of Belarus “On Mediation”;
- Advise on participation in the mediation procedure;
- Participate and represent your interests in the negotiation and mediation procedures by power of attorney;
- Conclude a mediation agreement on your behalf;
- Assist in the enforcement of a mediation agreement;
- Prepare documents to the court for the issuance of an enforcement document for the enforcement of a mediation agreement.
Contact us
If you have any questions about negotiating a dispute settlement with a business partner from Belarus and participating in the mediation procedure, we will be happy to help you! Our many years of experience in the field of will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
