Quick and efficient resolution of legal disputes of its clients is Fedils’ top priority. Guided by this philosophy, Fidelis offers alternative ways of resolving disputes out of court, the list of which outstrips the institute of a licensed mediator.
Fidelis, in cooperation with licensed mediators, ensures the time saving resolution of disputes. Below you can find a brief information about the institute of licensed mediator in Armenia.
What is mediatory?
Mediation is an alternative method of dispute resolution. It is a procedure in which the litigants may invite a third party, a mediator, to settle the dispute amicably. Disputes can be both contractual and non-contractual. Although the mediator is taking active steps to promote reconciliation, the mediator can not impose solutions on the parties. Conciliation proceedings assume that the parties to the dispute are fully cooperating with the mediator, aiming to seek constructive solutions, avoiding litigation. Mediation is based on the principles of voluntariness, confidentiality, equality of arms, mediator's independence and impartiality.
The main features of Mediatory
- Involvement of a neutral third party in the negotiation process,
- Quick Dispute Resolution with Minimum Costs.
- Ensuring the confidentiality of the procedure.
- The procedure is flexible. The mediator mediates, taking into account the nature of each dispute, the specifics of the parties. There is no mandatory procedure provided by law.
- The parties themselves offer a mutually acceptable and beneficial version of reconciliation.
- In the conciliation process, both sides get a mutually beneficial solution.
- There are no losers in the conciliation process.
- With the conciliation agreement, options may be proposed that do not contradict the law, but could not be envisaged in court.
- Can be applied in case of disputes overloaded with both local and foreign entities,
- In case of court settlement, in case of concluding a settlement agreement, half of the state fee paid shall be returned to the party that paid the fee.
- Each of the parties may terminate the conciliation process at any time without any justification.
Who is the mediator?
A mediator is an independent, impartial person with a relevant license who has no interest in the outcome of the case and who mediates in order to settle the dispute between the parties amicably.
The Mediator has the right to carry out his activities both individually and in a permanent conciliation institution.
How does an out-of-court settlement agreement work?
According to Article 288 of the RA Civil Procedure Code: If, as a result of the conciliation, the conciliation agreement was concluded out of court with the participation of a licensed mediator, each party to the conciliation has the right to apply to the court of general jurisdiction of his place of residence within six months after the conciliation agreement.
According to Article 291 of the RA Civil Procedure Code: Based on the results of the examination of the application, the court shall make a decision on approving the conciliation agreement or rejecting the application in accordance with the rules for approving the conciliation agreement established by this Code.
- The decision to approve the reconciliation agreement must contain the verbal text of the reconciliation agreement.
- The decision on ratification of the conciliation agreement shall enter into force upon its publication.
That is, after concluding an out-of-court settlement agreement through a licensed mediator, the agreement is sent to the court, which confirms it without convening a session.
The tariffs applied by the licensed mediator are more affordable than the state fees applied by the courts in case of a dispute.