Mediation at the enforcement stage

There is a judgment, but the debt is unpaid — it is still possible to agree

A writ of execution has been issued and bailiffs are at work, yet no money arrives — or, the other way round, accounts are frozen and the business has stalled. I help the creditor and the debtor agree on a realistic way to perform the judgment and record it in a settlement agreement approved by the court.

Cost

from 50,000 ₽

The exact price is set after the first call, before work begins. The first call of up to 15 minutes is free.

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What people come with

The bailiffs have recovered nothing

There is too little property or income to seize, and waiting for years does not suit the creditor.

Accounts and property are frozen

The debtor is ready to pay, but the freezes stop them from working and earning.

Instalments are needed

The amount in the judgment cannot be paid at once — a realistic payment schedule is needed.

Property or work instead of money

Compensation in kind, set-off of counterclaims, performance in kind.

The penalty keeps growing

The parties agree on its amount instead of starting new court cases.

A judgment about children is enforced amid conflict

The court has set the contact arrangements, but every visit with the child turns into a conflict. Mediation helps agree on how to follow them.

When mediation fits, and when it is more honest to go to court

Mediation fits when

the debtor is ready to pay, but not in the way the judgment requires;
getting the money matters more to the creditor than waiting for the bailiffs;
the parties keep working or living side by side — counterparties, neighbours, former spouses;
there are counterclaims that are convenient to settle in one agreement.

Mediation won’t fit, or should wait

the debtor is moving assets away — measures through the bailiffs and the court are needed;
the debtor is in bankruptcy — a settlement is concluded under the rules of the bankruptcy law;
the terms infringe the rights of other creditors or third parties — the court will not approve them.

Mediation and court are not mutually exclusive: if the case is already in court, proceedings can be suspended to try to reach agreement.

What you end up with

Settlement agreement

The parties to enforcement proceedings are entitled to conclude one (Art. 50 of Federal Law No. 229-FZ). It is approved by a court — as a rule, the one that heard the case at first instance.

After approval

The enforcement proceedings are terminated (Art. 43 of Federal Law No. 229-FZ), and the bailiff lifts freezes and bans. If the enforcement fee has not yet been collected, courts do not collect it in this case.

If the terms are breached

The creditor obtains a writ of execution on the terms of the settlement agreement — without a new lawsuit.

Frequently asked questions

Can we still agree if the writ of execution is already with the bailiffs?

Yes. The parties to enforcement proceedings are entitled to conclude a settlement agreement (Art. 50 of Federal Law No. 229-FZ). It is submitted to the court for approval; until the court approves it, the enforcement proceedings continue.

Does the bailiff have to take part?

No, the bailiff is not a party to the agreement. After approval, a copy of the court ruling is given to the bailiff, who then terminates the enforcement proceedings.

What is better for the creditor: wait for the bailiffs or agree?

If the debtor has no property that can be seized quickly, an agreed payment schedule often brings money sooner. The mediator helps check how realistic the terms are before signing.

Can the amount of the debt be changed?

The parties may agree on instalments, deferral, partial forgiveness of the debt or penalty, or compensation in kind. The court will check that the terms do not contradict the law or infringe the rights of others.

If the case is still in court → · The mediation agreement: what to include →

Describe your dispute — it takes three short steps

I will reply within a working day and suggest a format. Everything you write stays confidential.

+7 965 751-25-80

zapros@mediacia.moscow

The first call of up to 15 minutes is free.

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