Membership procedure
According to the Charter, members of the Association can be individuals and legal entities (commercial and non-commercial organizations, state and municipal organizations and institutions, state authorities and local government bodies represented by authorized entities, authorized entities for protection of rights in various fields (ombudsmen), having proper qualifications and the right to engage in activities for the settlement of disputes and conflicts through mediation, intermediation, negotiation and other alternative means of resolving disputes. The proof of which must be confirmed by appropriate qualifications and permits to carry out activities (licenses, permits, certificates, diplomas, etc.), as such are required by the law of the Russian Federation or the country.
Individuals of eighteen years of age and above can become members of the Association, provided they have full legal capacity, have no present or prior criminal record, and meet the requirements of the legislation of the Russian Federation for their specialty (profession) – mediators, intermediators, and negotiators.
Legal entities can become members of the Association, provided that they are organizations that carry out activities to ensure the conduct of dispute settlement procedures such as mediation, intermediation, negotiations and other alternative types of dispute resolution and meet the requirements of the legislation of the Russian Federation for conducting such activities.
This rule does not apply to state authorities and local government bodies represented by authorized entities, state and municipal organizations and institutions authorized to protect rights in various fields (ombudsmen), who may become members of the Association in order to develop alternative methods of resolving disputes with the participation of the above mentioned bodies, the development of a unified practice, theory, order of interaction and work of mediators, intermediators and negotiators with the indicated bodies and institutions.
Members of the Association can be foreign citizens, stateless individuals who are legally on the territory of the Russian Federation, and organizations, if they have the proper qualifications, meet the requirements for their specialization (profession) by virtue of the legislation of the country in which these individuals or legal entities are residents and on the territory of which they carry out their activities to resolve disputes through mediation, intermediation, negotiations and other alternative methods of resolving disputes, and also have all the permissions and authorizations necessary for such activities.
Membership in the Association is voluntary. The Association establishes two types of membership – full and associated.
Associated members can be legal entities that have made admission and membership fees to the Association, regardless of their organizational and legal forms and forms of ownership, and citizens, foreign citizens and organizations, state and local authorities represented by authorized bodies, state and municipal organizations and institutions authorized to protect the rights in various fields (ombudsmen), i.e. any individuals who may be members of the organization, in accordance with the Charter, who participate in the activities of the Association without the right of a casting vote, without the right to vote on certain issues provided for by the Charter, only by virtue of their capabilities helping the Association in the implementation and development of its institutional goals, objectives and activities who use the services and assistance, as members of the organization, to ensure the conduct of conciliation procedures, as well as other assistance provided for by the Charter.
Associate members of the organization can carry out activities in the organization on the basis of an agreement concluded with the Association.
The Association can also warrant the conduct of mediation procedures, intermediation, negotiations in relation to individuals who are not members of the organization, with whom an agreement has been concluded.
Full and associated members of the Association cannot simultaneously be members of other mediatory (conciliatory) organizations located in the territory of the Russian Federation, with the exception of international and foreign legal entities. They can only be a member of one self-regulatory organization of mediators (intermediaries).
Admission to the Association of new members is carried out on the basis of a personal application of the entrant, with the attached documents confirming compliance with the requirements, qualifications, permits to carry out activities established by the Charter, the legislation of the Russian Federation or of the country of which the entrant is a resident.
When joining the Association, the joining legal entity must provide the Association with a full package of constituent documents of the legal entity, documents on admission to conduct professional activities for the settlement of disputes, as well as documents on the qualifications of its members and the right to engage in relevant activities.
Upon admission to the Association, the Ethics and Membership Commission assigns a probationary period, for a maximum of three months.
The decision on admission to membership in the Association is made by the Ethics and Membership Commission within thirty calendar days from the expiration of the probationary period assigned to the joining the Association by the Commission, provided that the person has successfully passed the probationary period.
When accepting a member, the Commission of the Association must conduct an interview with the applicant, and can also conduct tests or examination of the applicant to check professional knowledge and compliance with the requirements for a specialty (profession).
A citizen or a legal entity who has expressed a desire to join the Association as an associate member, must submit an application for admission to associate members of the Association. The decision of the Ethics and Membership Commission to admit an associate member is subject to approval by the Presidium of the Association.
An incoming full or associate member, within three working days from the moment the Presidium of the Association approves the decision of the Ethics and Membership Commission on admission to the Association, is obliged to pay the following fees: admission, membership and other fees established by the Charter, amounts, terms and procedure the contributions of which are established by the Regulations on contributions approved by the Presidium of the Association.
The applicant becomes a member of the Association on the day the Presidium of the Association approves the decision of the Ethics and Membership Commission on admitting an applicant to the Association, which must be made no later than thirty calendar days from the date of such a decision by the Commission.
A legal entity or an individual by the Ethics and Membership Commission can be refused admission to membership in the Association on the following grounds:
- not provided all the necessary documents and approvals (licenses, permits, certificates, diplomas, etc.) confirming the qualifications and the right to engage in activities to resolve disputes and conflicts through mediation, intermediation, negotiations and other alternative methods of dispute resolution;
- an individual has a conviction which has not been settled or canceled, or has previously had a conviction that has been canceled;
- an individual does not meet the qualified requirements for specialization (profession) established by the current legislation of the Russian Federation or the country of which the applicant is a resident;
- the professional knowledge of an individual does not correspond to the provided documents of qualification;
- an individual is incapacitated, partially capable, has psychological or physiological illnesses that may have a negative impact on professional activities and the reputation of the Association;
- an individual or legal entity carries out illegal activities or other activities that may cause business and other kind of damages to the Association;
- aggressive and conflicting behavior of an individual or the management of a legal entity when interviewing members of the Ethics and Membership Commission;
- in connection with the presence of candidate’s personal and professional biases, which can have a negative impact on the occupation of professional activity and the reputation of the Association;
- if the activities of an individual or legal entity do not meet the goals and objectives of the Association, the conditions and requirements established by this Charter.
Upon admission to the Association by the Ethics and Membership Commission, priority is given to candidates who have practical experience in the implementation of dispute resolution activities through mediation, intermediation, negotiations or other alternative methods of dispute resolution. If the applicant does not have professional experience in resolving conflicts, the Ethics and Membership Commission has the right to reject admission to membership in the Association.
Membership in the Association is confirmed by a certificate or diploma, according to the model and form established by the Presidium of the Association.