MEDIATION ENGAGEMENT AGREEMENT AS A LEGAL MEANS OF DISPUTE SETTLEMENT bETWEEN SUBJECTS OF BUSINESS ACTIVITY
The article is devoted to the notion «mediation engagement agreement» which is considered to be one of the most important legal means in settling disputes between subjects of business activity. The author emphasizes the importance and urgency of mediation and its incorporation into national legislation. The article provides an analysis of mediation engagement agreement positive aspects under existing legislation of Belarus and the doctrine of competitive law. The author examines the scope of application of mediation engagement agreements and concludes that, as a rule, such agreements are used in the private legal relations. In that connection, the author proves the need to incorporate mediation engagement agreements into new spheres of activity, in particular, into economic sectors, sub-sectors and legal institutions. Based on the analysis of the Law on Economic Insolvency (bankruptcy) of the Republic Belarus and authoritative scientific sources the mediation procedure characteristics and specific nature of such agreements are set out. The author proposes the incorporation of the rules governing the procedure and the terms of mediation engagement agreements into national legislature on economic insolvency (bankruptcy), as well as the ways to optimize the institutions of mediation.