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Recent Developments in ADR in Belarus: Progress and Challenges

This report examines the evolution of Alternative Dispute Resolution (ADR) in Belarus, highlighting the dual court system, the rapid growth of in-court conciliations, and significant legislative advancements since 2008. With over 60,000 conciliations and a high settlement rate, Belarus demonstrates an increasingly ADR-friendly environment. Key stakeholders are involved in shaping the future of mediation and arbitration, yet challenges remain concerning regulation and qualification processes. The report also outlines the steps taken, risks identified, and future perspectives for ADR in Belarus.

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Recent Developments in ADR in Belarus: Progress and Challenges

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  1. ADR in Belarus: Recent DevelopmentsAlexey Anischenko Tamara Sakolchyk23.11.2012Vilnius, Lithuania

  2. General Background • Dual court system: ordinary (civil) and commercial courts with no single Supreme instance • Relatively cheap and very fast state courts (1-2 months in the 1st instance, 6-9 months for all instances)

  3. Past • No ADR until August 2008, save for arbitration, primarily international, not much tolerated by state courts • Heavy caseload, particularly in commercial courts (>1000 cases per year)

  4. Present • More than 60,000 in-court conciliations • More than 75% settled • Around 90% executed voluntarily • Successful trial project with out-of-court conciliators • ADR friendly environment

  5. Step-by-step • Concept of optimization of rules on commercial procedure - 2008 • Chapter 17 of the Code on Commercial Procedure (in-court conciliation) - 2008 • Experiment with out-of court conciliators - 2010 • Law on [domestic] Arbitration - 2011 • Draft Law on Mediation (3 revisions over 2 years) – 2012

  6. Stakeholders • Working Group: • Supreme Commercial Court • Supreme Court • National Center for Legislation and Legal Research • Interested state bodies • Presidential Administration • Committee of State Control • Ministry of Justice • General Prosecutor’s Office • Legal community

  7. Critical issues • Level of “juridization” • Types of dispute eligible for mediation • Level of state control: • Qualification requirements • Qualification process • Organization forms of mediation activity • Mediation rules and codes of ethics • Agreement to mediate • Settlement agreement

  8. Risk

  9. Key factors Positive experience with in-court conciliation Russian Law of Mediation EU Mediation Directive Lack of specific knowledge among stakeholders Human Factor (personal + professional interest; choosing the right path)

  10. Perspectives • 2nd reading in the Parliament (Upper Chamber) – Winter 2012 • Signing by the President • 6 months for implementation

  11. Tamara Sakolchyk Associate phone +375 17 3062102 mobile +375 29 6705896 tamara.sakolchyk@sorainen.com Thank you!

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