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Rules of mediation procedure

Approved by

Site Administrator

January 10, 2016

Alternative procedure for settlement of disputes, complex situations, conflicts involving the Mediator (mediation procedure) within the Site

Article 1. Application of the Rules.

1.1. The present Rules determine the procedure for settlement of disputes and conflicts between the Users of the Site with the participation of the Mediator (mediation procedure) under Clause 8.4.1. of the User Agreement for using the Site. The terms of this clause are a mediation clause on application of the mediation procedure in the disputes between The Users of the Site.

1.2. According to the present Rules, the Site is understood as the Website of the Site Administrator, located on the Internet at www.inpeople.net.

1.3. User of the Site (the User) is a legal entity or an individual who has reached the age of 18 and has accepted the terms of the User Agreement and, in accordance with its terms, accesses the Site via the Internet.

1.4. The Site Administrator is the person who created a complex object - the Site - a multimedia product that includes several protected results of intellectual activity. All rights to administer the domain name inpeople.net belong to the Site Administrator. The Site Administrator ensures and controls the operation of the Site.

The Site Administrator is a legal entity that carries out activities to organize the procedure for mediation on civil disputes between the Site Users for the purposes of the present Rules.

1.5. The Mediator is an independent individual, involved by the Parties as an intermediary in the settlement of a dispute to assist the Parties in reaching a decision on the merits of the dispute. In accordance with the present Rules, the Mediator for the disputes between the Users of the Site under the present Rules is a person appointed by the Site Administrator.

1.6. If the dispute is referred to the court or the arbitration court, the Parties may apply the mediation procedure in accordance with the present Rules at any time before the decision on the dispute is made by the appropriate court or the arbitration court. The adjournment of the consideration of the case on the dispute in the court or the arbitration court, as well as the commission of other procedural actions is determined by procedural legislation.

1.7. The present Rules contain information about the standards and rules of conduct for Mediators established by the Site Administrator. Changes in the present Rules shall be made and approved by the Site Administrator.

Article 2. Principles of the mediation procedure.

2.1. The mediation procedure is carried out with the mutual will of the Parties on the basis of the principles of voluntariness, confidentiality, cooperation and equality of the Parties, impartiality and independence of the Mediator.

Article 3. Initiation of the mediation procedure.

3.1. A Party interested in the settlement of the dispute through a mediation procedure in accordance with the present Rules shall forward the appropriate application to the Site Administrator through the authorized message system of the Site.

3.2. The application must contain the information about:

- the name and address of the requesting Parties (the requesting Party);

- the second Party;

- the subject matter of the dispute;

- the Mediator;

- the procedure for implementation of the mediation procedure;

- the terms of participation of the Parties in the costs associated with implementation of the mediation procedure;

- the timing of the mediation procedure;

- the consent of the initiating Party (Parties) to comply with the provisions of the present Rules.

The present document is an agreement of the Parties on implementation of the mediation procedure, and is sent through the authorized message system of the Site.

3.3. In the absence of a document confirming the consent of the second Party specified in the application to participate in the mediation procedure, the Site Administrator shall notify the second Party in writing about the application received within a period of not less than 7 (seven) working days from the date of receipt of the application in writing through the authorized message system of the Site.

In the event that the Site Administrator has sent a proposal to the second Party to implement the mediation procedure and within 10 (ten) calendar days from the date of its sending did not receive the consent of the second Party to implement the mediation procedure, such a proposal is considered rejected.

3.4. In the event that the second Party refuses to participate in the mediation procedure through the authorized message system of the Site, the Site Administrator notifies the initiating Party through the authorized message system of the Site about the impossibility to carry out the mediation procedure and suggests using other dispute resolution procedures.

Article 4. Appointment of the Mediator.

4.1. The Mediator for disputes between the Users of the Site under the present Rules is a person appointed by the Site Administrator.

4.2. The Mediator appointed in accordance with this article, in the event that there are circumstances during the mediation procedure that may affect its independence and impartiality, shall immediately notify the Parties and the Site Administrator thereof.

Article 5. Functions of the Mediator and responsibilities of the Parties.

5.1. Unless otherwise established by the agreement of the Parties, the Mediator independently determines the procedure for implementation of the mediation procedure, taking into account the circumstances of the dispute, the wishes of the Parties and the need for an early settlement of the dispute.

5.2. The Mediator has no right to make proposals to settle the dispute, if the Parties have not agreed otherwise.

5.3. Throughout the mediation procedure, the Mediator can meet and keep in touch with all the Parties together and with each of them separately.

5.4. When implementing the mediation procedure, the Mediator has no right to put any of the Parties in a preferential position by his/her actions, nor to impair the rights and legitimate interests of one of the Parties.

5.5. When implementing the mediation procedure, the Mediator has the right to request additional information necessary for the settlement of the dispute from any Party to the dispute.

5.6. The Parties are obliged to cooperate in good faith with the Mediator, provide additional information at his/her request, and also attend meetings with him/her.

5.7. Parties have the right to participate in implementation of the mediation procedure in person or through their authorized representatives.

5.8. The present Rules also contain other rights and obligations of the Parties in implementation of the mediation procedure.

Article 6. Status of the Mediator.

6.1. The functions of the Mediator can be performed both on the professional and on the unprofessional basis.

6.2. Persons who have reached the age of 18, who have full legal capacity and who do not have a criminal record, can perform the functions of the Mediator on the unprofessional basis.

6.3. Persons who have reached the age of 25, who have a higher education and an additional professional education in implementation of the mediation procedure, can perform the functions of the Mediator on the professional basis.

6.4. The mediation procedure for disputes referred to the court or the arbitration court prior to commencing the mediation procedure can only be implemented by the Mediators who perform their functions on the professional basis.

6.5. The Mediator does not have the right to:

1) Be a representative of a Party;

2) Provide legal, consultative or other assistance to any Party;

3) Perform the functions of the Mediator, if during the mediation procedure he/she is personally (directly or indirectly) interested in its result, or if the Mediator is a relative of one of the Parties;

4) Make public statements on the merits of the dispute without the consent of the Parties.

6.6. The Mediator and the Site Administrator are liable to the Parties for the harm caused to the Parties as a result of the activities specified in the present Rules, in accordance with the procedure established by civil law.

Article 7. Termination of the mediation procedure.

The mediation procedure is terminated due to the following circumstances:

1) The Parties enter into a mediatory agreement - from the date of signing such an agreement;

2) Conclusion of the agreement of the Parties on termination of the mediation procedure without reaching an agreement on the existing disagreements - from the date of signing such an agreement;

3) A written application of the Mediator sent to the Parties after consulting with them regarding the termination of the mediation procedure, in view of the inexpediency of its further implementation, - on the day of sending this application;

4) A written application of one, several or all Parties about the refusal to continue the mediation procedure sent to the Mediator - from the date the Mediator receives the application;

5) The expiration of the mediation procedure - from the date of its expiration, taking into account the provisions of the present Rules.

Article 8. Termination of the powers of the Mediator.

8.1. The Parties have the right to disqualify the Mediator under the circumstances specified in paragraphs 5.4. and 6.6. of the present Rules. Under these circumstances, and also if the Mediator is unable to perform his/her functions within the established timeframes, the Site Administrator has the right to decide on the disqualification of the Mediator.

8.2. The powers of the Mediator are terminated upon the submission of an application for self-disqualification to the Site Administrator.

8.3. In case of termination of the Mediator’s powers, the Site Administrator appoints another Mediator in accordance with the requirements of the present Rules.

Article 9. Duration of the mediation procedure.

9.1. The duration of the mediation procedure is determined by the agreement on implementation of the mediation procedure, formed in accordance with Article 3 of the present Rules. At the same time, the Mediator and the Parties shall take all possible measures to ensure that the specified procedure was terminated within no more than 60 (sixty) days.

9.2. In exceptional cases, due to the complexity of the dispute to be resolved, with the need to obtain additional information or documents, the duration of the mediation procedure can be increased by agreement of the Parties and with the consent of the Mediator.

9.3. The duration of the mediation procedure must not exceed 180 (one hundred and eighty) days, except for the period of the mediation procedure after the transfer of the dispute to the court or the arbitration court not exceeding 60 (sixty) calendar days.

Article 10. Mediation agreement.

10.1. The mediation agreement is written and must contain information about the Parties, the subject matter of the dispute, the mediation procedure conducted, the Mediator, as well as the obligations, terms and duration of their implementation agreed upon by the Parties.

10.2. The mediation agreement is subject to implementation on the basis of the principles of voluntariness and good faith of the Parties.

10.3. The mediation agreement reached by the Parties as a result of the mediation procedure conducted after the referral of the dispute to the court or the arbitration court may be approved by the court or the arbitration court as a settlement agreement.

10.4. A mediation agreement on a dispute arising out of civil legal relations reached by the Parties as a result of the mediation procedure implemented without referral of the dispute to the court or the arbitration court is a civil transaction aimed at establishing, changing or terminating the rights and obligations of the Parties.

Protection of rights violated as a result of non-fulfillment or improper performance of such a mediatory agreement is carried out in the ways provided for by civil legislation.

Article 11. Confidentiality.

11.1. During the mediation procedure, all information related to this procedure is kept confidential, except for the cases stipulated by federal laws, and unless the Parties have agreed otherwise.

11.2. The Mediator does not have the right to disclose information related to the mediation procedure and information that became known to him during the implementation of the mediation procedure, without the consent of the Parties.

11.3. The Parties, the Site Administrator, the Mediator, as well as other persons present during the mediation procedure, regardless of whether the legal and arbitration proceedings are connected with the dispute that was the subject of the mediation procedure, are not allowed to invoke, unless the Parties agree otherwise, during the legal or arbitration proceedings the information about:

- The proposal by one of the Parties to apply the mediation procedure, as well as the willingness of one of the Parties to participate in the procedure;

- The opinions or proposals expressed by one of the Parties with regard to the possibility of settling the dispute;

- The confessions made by one of the Parties during the mediation procedure;

- The readiness of one of the Parties to accept the offer of the Mediator or other Party to settle the dispute.

11.4. Requesting information from the Mediator and the Site Administrator related to the mediation procedure is not allowed, except for the cases provided for by federal laws and cases, unless otherwise agreed by the Parties.

Article 12. The procedure for the participation of the Parties in the costs associated with implementation of the mediation procedure.

12.1. The payment for the activity of the Mediator and the Site Administrator in implementation of the mediation procedure of the Mediator shall be made by the Parties in equal shares, unless otherwise agreed.

12.2. The Parties (the Party) shall pay the fee for implementation of the mediation procedure. The fee for implementation of the mediation procedure is set by the Site Administrator. The fee for implementation of the mediation procedure is paid by the Party (Parties) through advance payment.