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CHAMBER OF COMMERCE AND INDUSTRY
OF PUSHKIN & PAVLOVSK

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RECONCILIATION BOARD
on economical and labour disputes of St.Petersburg

  Natalie Lenuar
Chief
St.Petersburg, Shapaeva st. 21
phone: #7-(812) 476-85-88; fax: #7-(812) 465-05-29; pager: 468-59-94 (10 seconds)
E-mail: lenuar@newmail.ru

ALTERNATIVE TO TRIAL

RECONCILIATION BOARD

By alternative forms of the legal disputes resolution are understood the methods and techniques of the dispute resolution outside of system of the state justice.

The independent noncommercial organization, whose aims are:

  • Creation of the professional community unifying the representatives of alternative forms of civil-law dispute resolution, arbitrators, arbitration judges, scientists and other interested persons and the organizations with a view of protection common interest in the establishment and development of the Northwest institute of mediation and reconciliation.
  • Maintenance of stability and mutual understanding in sphere of commerce, business, collective labor relations, by means of effective application of the alternative non-judicial and pre-judicial forms (mediation, negotiations, reconciliation) to the resolution of economic and labor disputes.

The knowledge and skills of independent, professional mediators, advisers and experts of the Reconciliation Board, allow to offer a professional assistance in the resolution of complex economic disputes for businessmen in small and average-scale business, including disputes:

  • On disagreements about the contract;
  • On the change of conditions or cancellation of the contract;
  • On the failure to fulfill or inadequate execution of the contract;
  • On sale and purchase issues;
  • On delivery of the goods;
  • On the terms of subcontracts in building industry;
  • On real estate transactions;
  • On the compensation of damage on the basis contracts or compensation of non-contractual damage;
  • In labour relations;
  • Between businessmen and shareholders.

The RECONCILIATION Board offers a complex approach to pre-judicial and non-judicial economic/labor disputes resolution and to other kinds of disputes with an application of an Effective technology of Mediation

THE HERO AT THE CROSSROADS.

Many businessmen are very well familiar with the situation when partners in business do not fulfill their obligations under the contract; for example, they do not return money for the received goods. And each time when such things happen, a question arises: to whom to appeal? Whether to the judicial bodies, or to criminals.

The Russian courts are overloaded by many similar lawsuits, in which obligations of the defendant to the claimant (for example, the debtor to the creditor) are obvious. However the law proceedings are lingering for months, wasting time, efforts and money of all parties. And even when the court pleads the defendant guilty and obliges him to fulfill his obligations, it by no means guarantees the execution of judgment.

For the defendant it probably more than once will be necessary to appeal to the judicial officers before he will receive what he is supposed to receive from the debtor.

The judicial services, firstly, are very expensive and, secondly, are morally stressful. Some unfair businessmen, who purposely create such conflicts, use this situation.

PROTECT YOUR IMAGE

For this reason the entire world applies the practice of alternative forms of legal and economic disputes resolution. Their popularity is growing quickly in recent years in Russia.

For example, under conditions of market economy many arbitration courts, as well as various pre-judicial (reconciliation) procedures of dispute settlement with the help of the qualified conflictologists - mediators, have appeared.

In many cities are created the Conflict Resolution Centers as an alternative to official justice, and the state judicial system.

In our city The Reconciliation Board is actively working the field of the alternative dispute resolution in cooperation with the Chamber of Commerce & Industry of Pushkin and Pavlovsk

Within the framework of joint cooperation are provided informational-training seminars for Trade and Industrial Board members who wish to receive an information on the topic: Pre-judicial and non-judicial forms of economic disputes resolution, during which participants are getting acquainted with alternative ways of dispute resolution, mediation and other reconciliation procedures.

Participants of seminars have an opportunity to see the advantages of mediation in comparison with legal proceedings in practice.

What is MEDIATION?

MEDIATION is the most civilized and effective way of legal and economic disputes resolution, allowing the parties to save their business image and reputation.

MEDIATION is a settlement of dispute by way of negotiations between the parties with participation of a neutral mediator.

MEDIATION procedures are carried out by the professional, independent and neutral mediator.

MEDIATION is a voluntary and confidential process which is fully controlled by the parties and in which nothing is resolved without the consent of the parties.

Who is MEDIATOR?

  • MEDIATOR is an independent and neutral assistant who promotes a settlement of dispute and helps the parties to reach a mutually acceptable agreement.
  • MEDIATOR organizes process of negotiations and enables the parties to see and understand each others interests.
  • MEDIATOR - helps the parties in a dispute to estimate the consequences as in case if they will not agree so in case they will reach an agreement.

WHAT KIND OF DISPUTES CAN BE RESOLVED BY MEDIATION?

Mediation can help resolve any disputes in which both parties or at least one of the parties really wants to settle the disagreements.

WHEN IT IS DESIRABLE TO RESORT TO SERVICES OF A MEDIATOR

The decision to resort to services of a mediator, whenever possible, should be accepted by the parties prior to the beginning of the conflict, when they are in equal conditions, for example, through inclusion in the contract of items concerning an option to appeal to mediation services in case of dispute.

WHAT, IF MEDIATION HAS NOT BROUGHT ANY DESIRABLE RESULTS?

You always can return to traditional legal proceedings. With the help of a mediator you, probably, would reach some partial agreements in your dispute and doing by you can narrow a scope of the questions subject to consideration in arbitration or court.

In 85 % cases if the parties do sit down around the negotiation table, they reach the mutual agreement.
In 91 % of cases the agreement achieved by the parties is being carried out.

BY CHOOSING MEDIATION

You receive a unique opportunity to agree on conditions of mutual satisfaction

THE LEGAL BASES OF MEDIATION

As legal basis for intermediary norms State Industrial Complex and Agrarian and Industrial Complex concerning an opportunity of closing a lawsuit by means of reaching a peaceful agreement (Chapter 18. Clause 220 SIC and Chapter 15. Clauses 138,139 of AIC).

The peaceful agreement reached by the parties by non-judicial methods, can be authorized in court or certified at the notary by request of the parties if it does not contradict the law and does not violate the interests of the parties.

Today, in process of making a contract, the parties can make a provision concerning alternatives in disputes resolution, by an inclusion an arbitration and intermediary clause in their contract.

Wheres a CONSENT Theres a VICTORY

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Oleg Novikov
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The network edition: "Portal of Pushkin-town (Tsarskoe Selo)"
Number of certificate: 77 - 54314,
from 29.05.2013 Roscomnadzor
The founder: Chamber of Commerce & industry of Pushkin and Pavlovsk
The address of editorial: 196601, Russia, St.-Petersburg, Pushkin, Octyabrskiy blvd., 50/30, tel.+7(812)476-85-88
Chief editor: Ecatherine Babich
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