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Business Duty Officer

Mediation at the stage of enforcement proceedings

Mediation at the stage of enforcement proceedings

Mediation is an alternative way of resolving disputes. Mediation as a method of reconciliation of the parties, ans is based on the involvement of a mediator. The mediator helps the parties to resolve the conflict as soon as possible and come to a solution, taking into account mutual interests.

Within the framework of enforcement proceedings, the right of the parties to refer to negotiations is enshrined in. 1 Art. 50 Federal Law "On Enforcement Proceedings". The parties have the right to apply for the conclusion of a peace agreement at any stage of enforcement proceedings - until its completion..

However, the legislation doesn't provide for a special time for the conclusion of a settlement agreement, although the experience of other states shows, that mediation at the stage of forced recovery can be very effective.

In case, if the parties enter into a settlement agreement, the bailiff is obliged to terminate the enforcement proceedings in accordance with Art. 43 Federal Law "On Enforcement Proceedings".

If the parties come to an agreement, they may provide additional conditions. This approach allows the parties not to worry, that, by reducing their requirements, they won't be able to demand more, if the other party subsequently violates the conditions.

In case of non-fulfillment or improper execution of agreements, the parties have the right to re-apply to judicial proceedings, which is fixed in the article. 12 federal law. The law also provides for the possibility of enforcement of the provisions of the agreement - for this, it is necessary to obtain a writ of execution in court.

Mediation allows the parties to the conflict to set conditions, which seem fair to them. Often, the basis of non-fulfillment of obligations is the psychological factor: the party compelled to perform the obligations considers the court's decision to be unlawful and incorrect. Then the debtor will seek by all means to avoid the fulfillment of obligations, which will further exacerbate the conflict between the parties.

Anyway, it's worth listening to each other's demands and taking into account interests. and negotiate!

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