Main trends in alternative dispute resolution in Russia during quarantine
31 March 2020
Due to the novel coronavirus (COVID-19) pandemic, operations of courts in the Russian Federation have been limited for the period from 19 March 2020 to 10 April 2020. In these circumstances, alternative dispute resolution (negotiation, mediation, and arbitration) models become especially relevant.
Deloitte Legal’s Dispute Resolution Group reminds that in autumn of 2019, Russian legislation on alternative dispute resolution was amended.
In particular, changes were introduced into the Code of Commercial Procedure of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, the Fundamentals of legislation on notaries public of the Russian Federation, the Law on Status of Judges in the Russian Federation, the Law on Judicial Bodies in the Russian Federation, the Law on Enforcement Proceedings, and the Law on Alternative Dispute Resolution (Mediation) Procedure (the “Mediation Law”).
According to the amendments, the court, before allowing a claim to proceed, must inform the parties to the dispute of the out-of-court settlement opportunities and procedures.
Conciliation procedures can be initiated by the court (subject to the parties’ consent) or based upon request of a party (parties) of the dispute. The court will make a determination to start the relevant procedures and, if necessary, postpone the proceedings.
The main types of conciliation procedures are negotiation and mediation (involving a mediator or a judicial conciliator).