LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2018 No. ZR-351

About mediation

Accepted by National Assembly of the Republic of Armenia on June 13, 2018

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law governs the relations connected with the organization and activities of mediation.

2. Features of the mediation appointed by court are established by the Civil Procedure Code of the Republic of Armenia.

3. Features of industry mediation can be regulated by other laws.

4. This Law is not applied to the mediation performed by mediator of financial system.

Article 2. Mediation

1. Mediation is the process directed to the dispute resolution between the parties conciliation from their consent with the help of the impartial third party - mediator.

2. Mediation can be performed on the disputes following from civil, family, labor, and in the cases provided by the law - also other legal relationship.

2.1. Before appeal to the court on cases on annulment of marriage, determination of the residence of the child or his change, including change of the residence established by court collection of the alimony or its changes, including change of the size of the alimony established by court division of the property which is considered as joint property implementation of the parent rights on the questions concerning communication with the child, his education and education determination of procedure for appointments to the child or their changes including established by court of change or termination of the marriage agreement implementation of mediation is obligatory, except as specified, provided by part 5 of this Article. Action of the provision established by this part does not extend to the cases established by parts 3 and 4 of Article 54, part 3 Articles 56, Articles 57 and 58, of 60, part 3 Articles 61, Articles 62 and 63, 66 Family codes of the Republic of Armenia.

2.2. According to the law on general medical insurance, in the private disputes following from the agreement signed for benefit of insured person, and connected with reduction or refusal in insurance indemnity, conciliation before appeal to the court is obligatory.

3. Mediation can be performed by attraction to the dispute resolution one or a little (on - to approval) with mediator or permanent organization mediator.

3.1. Mediation can be performed online in the cases provided by this Law.

4. In the presence of the agreement on mediation between the parties the dispute can be submitted vessels upon termination of mediation.

5. Before appeal to the court on the cases provided by part 2.1 of this Article, the parties can not address for obligatory mediation if:

1) concerning any of the parties the decision on application any of the measures of protection provided by the law "About Prevention of Domestic and Domestic Violence and Protection of Persons Which Underwent to Domestic and Domestic Violence" irrespective of whether this person was delivered on preventive accounting or it is struck off the register was made;

2) one of the parties was brought to trial for making of intentional crime concerning other party or its child, the parent, the grandfather or the grandmother, the brother or the sister;

3) one of the parties in the procedure established by the law is acknowledged is unknown absent or incapacitated, is under arrest or serves the sentence connected with imprisonment.

Article 3. Mediator

1. The mediator is the independent, impartial, not interested in the outcome of the case physical person performing mediation for the purpose of the dispute resolution between the parties conciliation.

2. The mediator has the right to perform the activities as personally, and in permanent organization mediator.

Article 4. Principles of mediation

1. Mediation is performed based on the principles (except for the cases provided by the law), confidentiality, equality of the parties, independence and impartiality of mediator.

Chapter 2. Rules of conduct, rights and obligations of mediator

Article 5. Rules of conduct of mediator

1. The purpose of rules of conduct of mediator - to promote ensuring independence and impartiality of mediator, and also increase in the authority of mediator and forming of trust to mediation by observance of rules of conduct of mediator.

2. The mediator shall be guided by the following rules of conduct:

To open 1) to the parties of the basis of coherence, the stipulated in Article 9.1 presents of the Law, or such circumstances which at the impartial observer can raise reasonable doubts in his impartiality on this case;

2) to provide the equal, valid and impartial relation to parties at variance;

3) to observe confidentiality of mediation;

4) to perform mediation in the shortest possible time;

5) to promote increase in the authority of mediator and forming of trust to mediation.

2.1. The mediators provided by parts 3 or 4 of article 17 of this Law, respectively allocated or included in special lists can refuse implementation of mediation without availability of reasonable excuse no more than three times within one year.

3. The self-regulatory organization of mediators establishes rules of conduct of the members which, at least, shall include the rules provided by parts 2 and 2.1 of this Article.

Article 6. Rights and obligations of mediator

1. The mediator has the right:

1) in the course of mediation to organize meetings as at the same time with all parties of mediation, and with each party of mediation separately;

2) it is free to apply the mediation methods which are not prohibited by the law;

3) to receive payment for the services, for exception of the cases provided by the law;

4) to advertizes the services;

5) if the court appoints process of mediation with participation of licensed mediator to get acquainted with case papers, to receive their copies, to take statements, the picture, photocopies from case papers.

2. The mediator shall:

To explain 1) to the parties of mediation their role, nature and essence, mediation process benefits, procedure for conducting mediation, in case of consent to conciliation or in case of its need – effects of achievement of such consent;

2) ceased to be valid according to the Law of the Republic of Armenia of 13.12.2022 No. ZR-435

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