Mediation Application Areas in the Republic of Belarus and Essentials of Family Mediation Legal Regulation
DOI:
https://doi.org/10.52028/rbadr.v5i9.ART13Keywords:
Mediation, Right to Defense, Dispute resolution, Family Mediation, Family Legal Relations, Mediation in Criminal Proceedings, Belarusian LegislationAbstract
The introduction of the institution of mediation into the Belarusian legislation took place in 2013, and since that time there has been an expansion of the scope of its practical application. Using the analysis method in the study three groups of mediation application areas in the Republic of Belarus were identified: the most popular mediation application areas (family mediation; commercial mediation; mediation in criminal proceedings); potentially demand mediation spheres (school mediation; environmental mediation; labor mediation); not applicable (guardianship; adoption; domestic violence). A legal description of the institution of family mediation in the Republic of Belarus has been developed and proposals to improve legislation in the field of family mediation have been formulated.
References
ANDRYIASHKA, Maryna V. Out-of-court mediation in resolving disputes arising from marital and family relations. Justice of Belarus, n. 9, p. 34-37, 2014.
ANDRYIASHKA, Maryna V. Violence is an additional indicator of the degradation of the institution of the family as a demographic threat. Bulletin of the BarGU. The series “Historical Sciences and Archeology. Economic sciences. Legal sciences”, Issue 6, p. 109-114, 2018.
ANDRYIASHKA, Maryna V. Subsidiary indicators of the degradation of the institution of the family as a demographic threat. Justice of Belarus, n. 1, p. 37-40, 2020.
AWAD, Dora R. Mediação de conflitos no Brasil: atividade ou profissão? Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 57-65, 2020.
BELSKAYA, Irina. The first steps of school mediation in the Republic of Belarus. Justice of Belarus, n. 9, p. 62-65, 2018.
BELSKAYA, Irina. The potential of environmental mediation for Belarus. Justice of Belarus, n. 6, p. 68-72, 2021.
BLAZHEEV, Viktor. We need a culture of out-of-court dispute resolution. Mediation and Law, n. 2, p. 11-15, 2008.
BRYUKHINA, E.; CHERTKOVA E. Mediation as an alternative way of settling family disputes in the Russian Federation. Bulletin of Tomsk State University Law, n. 39, p. 133-147, 2021.
CHICHINA, Elena. Legal criteria of mediability of disputes under the legislation of the Republic of Belarus. Pravo.by, n. 2, p. 40-45, 2017.
DENISOVA, V. S. The relevance of the use of mediation in healthcare. Justice of Belarus, n. 2, p. 63-66, 2021.
DYATCHIK, Julia. Mediation and Bar: points of contact. Justice of Belarus, n. 5, p. 68-70, 2021.
FERREIRA, Daniel B.; SEVERO, Luciana. Multiparty Mediation as Solution for Urban Conflicts: A case analysis from Brazil. BRICS Law Journal, v. VIII, n. 3, , p. 5-29, 2021. DOI: https://doi.org/10.21684/2412-2343-2021-8-3-5-29.
FERREIRA, D. B.; GIOVANNINI, C.; GROMOVA, E.; DA ROCHA SCHMIDT; G. Arbitration chambers and trust to technology provider: Impacts of trust technology intermediated dispute resolution proceedings. Technology in Society, v. 68, 2022. DOI: 10.1016/j.techsoc.2022.101872.
GORDIYCHUK, Nikolay. Features of family mediation in divorces. Psychology and Psychotherapy of the Family, n.. 2, p. 12-20, 2017.
KAMENKOV, Viktor. Is mediation possible in bankruptcy cases. Justice of Belarus, n. 4, p. 24-28, 2015.
KAMENKOV, Viktor. The possibility of mediation in individual labor disputes. Labor Protection and Social Protection, n. 10, p. 83-88, 2014.
KAMENKOV, Viktor, BELSKAYA, Irina. Article-by-article commentary to the Law of the Republic of Belarus “On Mediation” [Electronic resource]: ConsultantPlus. Minsk: Belarus/LLC “YurSpektr”. National Center of Legal Information of the Republic of Belarus, 2023.
KHALETSKAYA, Tatsiana. On mediability of hereditary disputes. Scientific Works of BSEU, Issue 11, p. 584-589, 2018.
KHALETSKAYA, Tatsiana. Selection and appointment of a mediator in cases initiated in courts of general jurisdiction, including cases considered by economic courts. Law. Economy. Psychology, n. 1, p. 22-26, 2017.
LYUBICH, Oleg. Mutually agreeable procedure for resolving tax disputes with the participation of foreign persons. Justice of Belarus, n. 2, p. 41-47, 2022.
MOLOTNIKOV, Alexander. Mediation. A new approach to conflict resolution [Electronic resource]: Digest. URL: https://goo.su/17WDm0. Accessed on: 28 Jan. 2023.
POPOV, K. I. Mediation in criminal law – myth or reality? Military Law, n. 2, v. 72, p. 226- 230, 2022.
RUSMAN, Galina. The active position of the court is the basis for the successful application of alternative measures in criminal proceedings. Revista Brasileira de Alternative Dispute Resolution – RBADR, Belo Horizonte, ano 4, n. 7, jan./jun. 2022. DOI: 10.52028/rbadr.v4i7.6.
SADOVNIKOVA M. N.; ANISHCHENKO A. S. Requirements for a mediator: modern approaches and trends in the development of the Institute. Siberian Legal Bulletin, n. 4. v. 87, p. 114-118, 2019.
TARASOVA, N. V. The long-term judicial dispute of the former spouses was resolved thanks to mediation. Lawyer, n. 4, p. 17-18, 2018.
TIKHINYA, Valery. Mediation as a conciliatory procedure for the pre-trial settlement of civil law conflicts. Justice of Belarus, n. 8, p. 21-24, 2020.
ZDROK, Oksana N. Conciliation procedures in the civil process. Law Enforcement Review, v. 3, n. 2, p. 84-94, 2019.
Downloads
Published
Issue
Section
License
No royalties or other compensation shall be due for the publication of the works.
The opinions expressed by the authors of the articles and reviews are their sole responsibility.
