The Social Innovation Forum was held in Krasnogorsk urban district last Wednesday. In the framework of this meeting a tripartite agreement of conciliation procedures was signed by the Moscow Region Mediation Center, the urban district Business Ombudsman public reception and municipal administration.
Krasnogorsk is the first area in Moscow Region where the Mediation Center begins its operations.

-The mediation implement will alleviate judicial system, and most importantly, it significantly facilitates to save either forces or funds of economic entities in disputes settlement - underlined  the chief of district  Elmira Hajmursina in her welcome address.
    The project is currently scheduled to continue gradually - explained the head of Mediation Center Mariya Svetlova. 
    The provision of data and information required support, particularly as well as free training courses and seminars are scheduled in Krasnogorsk for all the persons concerned to be aware of mediation benefits. 
    Notably, the mediation legislation has been regulating the activities since 2010, but a new Federal Act under number 197 enters into force on 25 October 2019 in order of some legal acts being modificated and innovated. 
    In particular, the changes include the conciliation procedures, when collected state fee should be returned in the case of definitive conciliation. 
     New amendment relates mainly to arbitration proceedings, the Civil Procedure Code and the Administrative Procedure Code of Russian Federation. And about it in order :
   The changing essence:
1.  the claim does specify what have been done in the case of conciliation attempt with confirmed documents provided. 
2. The defendant actions should be noted as the reasons of application withdrawal and supplied of agreement view possibility. 
    The  order and terms of the  conciliation procedures:
1. The court shall issue a ruling of conciliation procedures if parties have agreed to carry it out or the court granted the conciliation application of one party. 
2. The court indicates a specific time frame within which the conciliation procedures should be completed. (The parties could apply for prolongation). 
3. If parties did not use a pre-judicial settlement before applying to court against the actions or inactions of officials, the court shall postpone the review of the case and get the conciliation procedure at first. 

    The conciliation procedures:
1. The list of conciliation procedures still remains opened (non-exclusive list).
2. The judicial conciliations should be held with participation of a legal  mediator,  the one of retired judges. The register of these persons will be confirmed by the Plenary of High Council of Russian Federation. The parties shall agree on a candidate in each particular dispute, so that a court approves their decision. 
3. The mediator will not be able to commit acts entail emergence, modification or termination stakeholders's rights and duties. 
4.the High Council of Russian Federation will formally adopt the detailed rules of procedure in the form of a regulation (has not been published officially so far). 
    The results of conciliation procedures:
1. The open list of conciliation procedures results will be provided in the Administrative Procedure Code of Russian Federation:
* a conciliation agreement 
* partial or total rejection of the claim 
* partial or total recognition of the claim
* partial or total denial of  cassation or supervisory appeal. 
    The open list of dispute conciliation results is being set as a review of administrative and public legal relations. The state fee returning in the case of conciliation. 
    The state fee is refundable :
-70% of fee paid before getting the first instance court decision 
- 50% of the fee on the appeal proceedings stage
-30%- of the fee on the cassation or supervisory proceedings stage. 
    This rule applies in case of settlement agreement, either rejection of the claim or its recognition. 
    The 50% of fee already paid currently must be returned to an applicant in the case of conciliation in arbitration court. This rule does work if the conciliation had been concluded in judicial proceedings. 
- in most cases the court proceedings mean a conflict. The conciliation procedures, which come into force on 25 October this year is the way to reconcile, whereas the midiation is the way to keep the peace somehow. And disputing parties are not bound with any procedural rules. 
    The misunderstanding overcoming as well as prevention the conflict situations will proceed in comfortably and convenient conditions for all stakeholders. If entrepreneurs intended to honor the deal initially, they are always to be able with agreement on issues of concern to them. - commented the Moscow Regional Business Ombudsman Vladimir Golovnev.