Concerning Highlights of Mediation Agreements Execution in Belarus

Abstract

The Republic of Belarus is actively developing a variety of alternative dispute resolution mechanisms, in particular mediation. Mediation is a relatively new institution for Belarusian legislation and law enforcement. The first normative legal act regulating the use of mediation in conflict resolution – the Law of the Republic of Belarus ‘On Mediation’ – was adopted on 24 January 2014. Currently, the practice of using mediation procedures is being developed while there are a number of problems, both legislative and practical, in the field. The article addresses execution of mediation agreements reached by the parties as a result of mediation. The author analyzes the concept of a mediation agreement; its relationship to international agreements, particularly the approval of a mediation agreement by a court; as well as features and current problems of enforcement of mediation agreements in civil and commercial proceedings. Based on the analysis of national legislation and practice, the author offers reasonable proposals to improve mediation agreement enforcement procedures that will encourage the parties to use this alternative method of dispute resolution.