CHAMBER OF COMMERCE AND INDUSTRY
St.Petersburg, Shapaeva st. 21
phone: #7-(812) 476-85-88; fax: #7-(812) 465-05-29; pager: 468-59-94 (10 seconds)
ALTERNATIVE TO TRIAL
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:
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:
“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?
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.
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.
Where’sa CONSENT – There’s a VICTORY
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