Mediation. Engine business ?

Topic: PaletteBusiness and crisis
Author of publication: Andrei Smirnov

Posted on: 16/05/2014 19:29

Mediation. Engine business ?

What is mediation and why it is necessary . Expert Opinion : conciliation in the public interest

Deputy Chairman of the Arbitration Court of Appeals Sixth Khabarovsk Krai Vladimir Karasev prompted entrepreneurs in search of new opportunities to improve the investment climate .

We are talking about mediation. This tool is creating a culture of settling economic disputes out of court procedures or pre-trial settlement . Ironically, in June this year will be three years , as the federal law "On Alternative Dispute Resolution involving mediation ," but in practice its entrepreneurs do not use because of ignorance of the features of the proceedings. Businesses such a fact explained by the existence of competition between the different forms of ships , however , the conditions for the implementation of mediative procedures created. In courthouses established special offices and formed a team of experienced lawyers who are able to solve economic disputes in the interests of the parties and society in general. Mediation - an effective way to avoid financial losses in business disputes with competitors and the state.

- In 2010, the Arbitration Court of Khabarovsk Krai was formed by a group of four lawyers mediators . In 2013, it had grown to 20 people. Today in the pretrial order they got a 24 in the mediation agreement. The mechanism of formation of such agreements is constructed so that the decisions were favorable to both parties, - says Vladimir Karasev . - In order to disseminate information about the possibilities of mediation in the regions printed brochures and handbooks on law enforcement practices that do not work on the severance of economic relations, and for the correction of the situation in the public interest . In the sixth Arbitration Court of Appeal considered acts to 3000 per year, which showed that many enterprises can put a cross , recognizing the fact of their bankruptcy. In fact , the economic potential of the region turns into a graveyard of dashed hopes . Mediation procedure could significantly improve the investment and business climate and help keep businesses to give them a chance to recover . A simple example. During the court hearing involving the businessman, the official forest management and establishes the duty prosecutor tenant extinguishing forest plot . That did not suit the prosecutor? Lack of tenant license to extinguish the fire . Terminate the lease trader with forest management , to condemn to death the forest from fire and deprive budget revenues to the revenue side . Go this way only aggravate the danger arises because the solution should look in the mediation process . Another example . Before the court received the case for a tenant who for objective reasons could not engage in logging, and therefore could not pay a fee for the right to use a plot of forest . Deprivation of rights of use of a businessman improve the economic situation in the region ? Here is a vivid example of the need to resolve disputes out of court - continues Vladimir Karasev . - The company has won the tender to build the bridge to the island Large Ussuri , but due to circumstances could not meet the deadline . Customer makes the company sued for breach of contract in the amount of 65 million rubles. Khabarovsk Krai Government in its letter indicates the presence of force majeure in the company - the salmon spawning period when construction is prohibited . But the supervisor acts in accordance with the law and insists on penalties . Such situations spoil the investment climate in the region , although in reconciling the interests of all parties to the conflict . What investor analyzing a solution of business problems in the courts, wants to engage in construction ? Necessary to join efforts in order to preserve the prestige of the state. You can rely on the law and not to discuss court decisions , but the court - it is a public authority , consisting of citizens to whom the task is not to harm society. I did not cause joy fact bankruptcy 10,000 companies in the Far East , many of whom could have been saved , the more considered not criminal cases and economic disputes . Often the problem begins with a trifle , and end the deteriorating situation in the sectors of industry, although disputes are not financial , and moral character . Visited recently on a business trip in Austria and went to a cafe for breakfast. I asked the owner how many places it rivals ? He is responsible ; "A lot , and they can easily be found on the next street ." In Russian entrepreneurs different approach to the development of competition . And if they see that on a given outlet can make good money , do not go to the next street , and do everything to prevent the activity of the partner until its physical destruction , because improving the mediation process could play a positive role in the development of competition.

 Andrei Smirnov,


RIA "National Alliance" .

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