Peculiarities of Establishing Mediation in Uzbekistan as an Outof-Court Dispute Resolution

• Main Author: R Sh. Ismailova
• Format: Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 2020-07-01
• Series: Московский журнал международного права
• Subjects: mediation; commercial mediation; alternative method of dispute resolution; incourt mediation; republic of uzbekistan
• Online Access: https://www.mjil.ru/jour/article/view/353

INTRODUCTION. The main purpose of current article is to analyze the measure taken in order to successfully implement mediation in the Republic of Uzbekistan and identify areas in need of further reform. This article reflects the existing situation on the implementation of the mediation procedure in the Republic of Uzbekistan, reveals the existing legislative framework and draws attention to the gaps. It contains changes in legislation made in connection with the entry into force of the Law “On Mediation”, namely, changes made in the Civil Procedure, Civil, Tax, Economic Procedure Codes, as well as to the Law “On Domestic Arbitration Courts”.MATERIALS AND METHODS. In preparation of the article the author studied the experience of Singapore, China, Germany, Italy and other states on implementation of mediation, there is a comparison of court annexed and private mediation, the advantages and disadvantages of mediation have also been noted, as well as features of the introduction of mediation have also been identified. There are several methods that have been applied during the research such as comparative, empiric, historical and legal ones.RESEARCH RESULTS. The article reveals some problems of introducing mediation at the present stage of development of society, briefly reveals the content of the law “On Mediation”, which regulates relations connected with the use of mediation to disputes arising from civil law relations, including in connection with business activities, as well as individual labor disputes and disputes arising from family relations. This article also provides some recommendations for the successful implementation of the institute of mediation in Uzbekistan, as well as the popularization of this institution among the population.DISCUSSION AND CONCLUSION. In the article there is the recommendation to develop a strategy for the development and promotion of mediation, to train all students of the jurisprudence in the “Mediation” discipline, to identify commercial mediation as one of the training directions for mediators, to introduce judicial mediation and to make the mediation procedure mandatory for a certain types of cases. First session of mediation is advised to be obligatory and the continuation of the procedure is left to the will of the parties. Besides that, there is a proposal to amend the legislation noting that organization with state ownership should add mediation clause to their contracts.