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Reforming Mediation Mechanism Proposed by Ministry of Justice

in Politics / Kyrgyzstan - by


The Ministry of Justice in Kyrgyzstan has proposed reforming the mediation mechanism. The Law on Mediation was adopted in 2017, but effective development of dispute resolution procedures through a mediator has not been observed over the years.

In practice, the mediation mechanism remains declarative, not being utilized in legal practice, and failing to fulfill the tasks and functions (as an alternative form of dispute resolution to relieve the judicial system) that are assigned to it.

The Ministry of Justice suggests legislative initiatives to introduce mediation as a mandatory measure for resolving disputes in pre-trial proceedings for civil, family, and labor relations, as well as disputes arising from criminal legal relations. The mechanism of its application will be revised.

It is planned to establish a Chamber of Mediators as an institution of civil society with an independent organizational and legal form.

Mediation is a special form of negotiation where a neutral mediator helps parties in conflict find a mutually beneficial solution.