In the era of globalization, countries valuing mutual hospitality collaborate within many economic, commercial, and humanitarian sectors; provide supports to other countries with implementations of products and services, which were implemented successfully in their own countries; and gain benefits of sharing experience. One perfect example of this is the comprehensive project consisting of establishment of Commercial Dispute Mediation Center (BMEZ) next to Mongolian National Chamber of Commerce and Industry (MNCCI), mediator training and preparation, activities to spread the word about Mediation and its benefits to individuals and MINAC members and non-member organizations.

The Mediation Law of Mongolia, approved in 2012, has taken effect since 2013, and the court annexed mediation centers have started their operations. However, our BMEZ center next to the MNCCI, specialized organization, has distinguishable differences from the court annexed mediation centers. These differences give opportunities to resolve any commercial disputes swiftly and satisfactory by our fifteen mediators who are internationally approved, specialized in many business sectors, and trained by CEDR trainers with special program.

Therefore, our BMEZ center invites you, business owners and entrepreneurs, to get advices and instructions on mediation, and we offer our services to you. Our door is always open for you. “Evt shaajgai buga barina” - if you work together anything is possible.

What is Mediation?

Every participant in business relationship wishes for the best and strives to create in cooperation one mutual thing that accumulate economic needs, reach its dreams, achieve success etc. However, there are possibilities when parties cannot fulfill their agreements because of certain uncontrollable factors such as environmental causes, authorized institute decision, rise of inflation, rise of monetary exchange rate of products, ailments and etc. Consequently, nobody wants to oppose each other for such onetime condition by going through litigation and arbitration, loosing long-term partnerships and future business opportunities, and ending friendships and work relationships. Therefore, mediation is one key method to turn situations that are mentioned above into positive state. Furthermore, mediation is a voluntary process of bringing the parties to consensus without getting restricted by strict laws. In other words, mediation is a way of realistically settling dispute and reaching settlement agreeable to both parties with all methods limited within the law by the help of mediators specifically educated in mediation techniques.

Mongolian traditional idiom “Evt shaajgai duga barina” means that if both parties mediate successfully, the possibility of them working together with more productivity and making profit opens up.

Benefits of Mediation

• In terms of time, mediation is the fastest method of all dispute resolutions
• Parties set up a meeting on their preferred time and date with the help of mediator, and they can settle their dispute right on the spot. There is no strict time limit to mediation, and it can be resolved as soon as possible. Whereas in court, you must resolve disputes within time period, set by law, and there are three stages of trial.
• Less costs
• In mediation, there is only service fee. On the other hand, in court you pay filing fee, notary fee, and attorney fee and other fees.
• Confidentiality
• Mediation does not affect negatively to parties’ reputations and business procedures; the meetings are closed for public, and the information is confidential. It does not require lot of documentations.
• Flexibility
• Meeting time, place, language, and other things are up to the parties. It does not require claims and documentations.
• Qualified mediator
• It is possible to resolve dispute with qualified mediator chosen by parties who is neutral and specialized in the related field. And also the mediator does not have conflict of interests, does not accept bribery, and does not pressure to get settlement.
• Active participation, realistic decision, satisfaction
• Realistic decision is made with active participation of parties satisfied to outcome.

Why do we have to choose mediation?

1. Where is the mediation center located?

Since Mediation Law of Mongolia was approved and took effect in 2012, mediation centers are established next to courts and non-governmental organizations; panel mediators and freelance mediators of whom most of them are lawyers work at the district courts. Likewise, Commercial Dispute Mediation Center was founded at the Mongolian National Chamber of Commerce and Industry. And it provides services related to the commercial business and labor disputes with the help of internationally approved and qualified mediators.

2. Who is a mediator?

Mediator is a qualified person who received certificate for going to mediation course by the authorized institute. It is possible for anyone with any professions to become mediator.

3. What happens when mediation cannot continue?

When parties cannot resolve their dispute with the help of a mediator, then the mediation process will be officially closed. However, it does not mean the parties cannot mediate again, and also the options of arbitration and litigation are up to the parties.

4. How to turn Mediation decision outcome into reality?

It is possible for parties to settle a dispute and pay financial obligations right away with the help of a mediator, or they can sign “mediation settlement agreement” under certain conditions. If any parties decide not to follow this agreement, the decision will be enforced by decision enforcement rules and regulations.

Contact us:

Address: Ulaanbaatar city, 17011, Khan Uul District 15th Khoroo,
M.Gandi Str., building of MNCCI, UB Post Office -101011001
Tel: +976-70111545
Fax: +976-11-324620
Email: info@bmez.mn; mediation@mongolchamber.mn
Website: www.bmez.mn
Facebook: www.facebook.com/mncci.mediation
Twitter: www.twitter.com/mediation_mncci