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General Background

ADR in Belarus: Recent Developments Alexey Anischenko Tamara Sakolchyk 23.11.2012 Vilnius, Lithuania. General Background. Dual court system : ordinary (civil) and commercial courts with no single Supreme instance

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General Background

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  1. ADR in Belarus: Recent DevelopmentsAlexey Anischenko Tamara Sakolchyk23.11.2012Vilnius, Lithuania

  2. General Background • Dual court system: ordinary (civil) and commercial courts with no single Supreme instance • Relatively cheap and very fast state courts (1-2 months in the 1st instance, 6-9 months for all instances)

  3. Past • No ADR until August 2008, save for arbitration, primarily international, not much tolerated by state courts • Heavy caseload, particularly in commercial courts (>1000 cases per year)

  4. Present • More than 60,000 in-court conciliations • More than 75% settled • Around 90% executed voluntarily • Successful trial project with out-of-court conciliators • ADR friendly environment

  5. Step-by-step • Concept of optimization of rules on commercial procedure - 2008 • Chapter 17 of the Code on Commercial Procedure (in-court conciliation) - 2008 • Experiment with out-of court conciliators - 2010 • Law on [domestic] Arbitration - 2011 • Draft Law on Mediation (3 revisions over 2 years) – 2012

  6. Stakeholders • Working Group: • Supreme Commercial Court • Supreme Court • National Center for Legislation and Legal Research • Interested state bodies • Presidential Administration • Committee of State Control • Ministry of Justice • General Prosecutor’s Office • Legal community

  7. Critical issues • Level of “juridization” • Types of dispute eligible for mediation • Level of state control: • Qualification requirements • Qualification process • Organization forms of mediation activity • Mediation rules and codes of ethics • Agreement to mediate • Settlement agreement

  8. Risk

  9. Key factors Positive experience with in-court conciliation Russian Law of Mediation EU Mediation Directive Lack of specific knowledge among stakeholders Human Factor (personal + professional interest; choosing the right path)

  10. Perspectives • 2nd reading in the Parliament (Upper Chamber) – Winter 2012 • Signing by the President • 6 months for implementation

  11. Tamara Sakolchyk Associate phone +375 17 3062102 mobile +375 29 6705896 tamara.sakolchyk@sorainen.com Thank you!

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