Terms of mediation (negotiations) procedure

The duration of the mediation procedure is enshrined in article 13 of the Federal Law of July 27, 2010 No. 193-FZ “On an alternative dispute resolution procedure with the participation of a mediator (mediation procedure)”, according to which the duration of the mediation procedure is determined by the agreement on the mediation procedure. Here, the mediator and the parties must take all possible measures to ensure that the specified procedure is terminated within a period of no more than sixty days.

In exceptional cases, due to the complexity of the dispute being resolved, or if there is a need to obtain additional information or documents, the duration of the mediation procedure may be increased by agreement of the parties and with the consent of the mediator.

The duration of the mediation procedure should not exceed one hundred and eighty days, with the exception of the period of the mediation procedure after referring the dispute to the court or arbitration court, which does not exceed sixty days.

Issues of resolving disputes through the use of negotiation and mediation procedures are not completely clarified in the Russian legislation, therefore, when applying these methods of resolving a dispute, the parties of the dispute should be guided by the terms established by agreement of the parties of the dispute regarding the resolution of a specific conflict situation or several situations, or the terms that will be established by the negotiator or mediator himself, with the consent of the parties, or by the terms established by the organization of which the negotiator or mediator is a member, or be guided by the general rules of law and business customs governing the duration of negotiation or mediation procedures or duration related to the subject of the dispute, or by analogy of law (for example, on mediation).

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