The Institute of Mediation in The Republic of Uzbekistan: Legal Framework, Prospects, and Development of Mediation
Keywords:
mediation, conflict, intermediation, neutrality, voluntariness, confidentiality, communication, mediation principles, mediation process and stages, mediated agreementAbstract
This article analyzes the significance, concept, historical evolution, principles, and classification of mediation stages within the system of alternative dispute resolution, in connection with the development of the legal framework of the mediation institute. Mediation plays a significant role in resolving conflicts in the Republic of Uzbekistan, as it offers an alternative means of dispute resolution without resorting to litigation. This process contributes to reducing the burden on the judicial system, saving time and resources of the parties, and maintaining amicable relations between conflict participants. In Uzbekistan, mediation is regulated under the Law “On Mediation” of the Republic of Uzbekistan, adopted in 2018. This law outlines the procedure for conducting mediation, the requirements for mediators, and their legal status. Mediation is actively used in resolving civil disputes (such as family, labor, housing, and commercial conflicts) as well as economic and business disputes.
References
Decree of the President of the Republic of Uzbekistan, June 17, 2020, No. PП-4754.
"Legal Encyclopedia of Uzbekistan," Vol. 2010.
K. Joraeva, "Mediation – the Art of Reconciliation," Huquq va Burch, no. 2, pp. 50, 2019.
H.T. Odilqoriev, Legal Aspects of the Innovative Development of the State and Society of Uzbekistan, Innovative Development Publishing House, Tashkent, 2019, p. 127.
K. Joraeva, "Mediation – the Art of Reconciliation," Huquq va Burch, no. 2, pp. 50, 2019.
Law of the Republic of Uzbekistan, July 4, 2018, No. ZRU-482 "On Mediation" (National Legal Database, July 4, 2018, No. 03/18/482/1447; July 30, 2019, No. 03/19/551/3493; January 15, 2020, No. 03/20/602/0052).
Civil Procedural Law, Author’s team, Ph.D. M.M. Mamasiddikov, Ph.D. D.Yu. Khabibullayev, Eds., Lesson Press Publishing House, Tashkent, 2020, 607 p.
S.A. Maripova, "Mediation Agreement and Its Similarities and Differences with Settlement Agreements in Civil Proceedings," Lawyer’s Herald, no. 1, pp. 41, 2022. DOI: 10.26739/2181-9416.
R. Islambe, "Genesis of Alternative Dispute Resolution Mechanisms in the Republic of Uzbekistan," Review of Law Sciences, Nov. 2020, pp. 7-20.
O. Iriskulov, "Differences and Shortcomings between the Law on Mediation of Uzbekistan and International Legal Documents," Science and Innovation, vol. 1, no. C8, pp. 41-48, 2022.
A. Hayrulina, "Comparative Analysis of Mediation in Some Foreign Countries and Uzbekistan: Potential Questions and Proposals," Janus, vol. 15, no. 1, 2024.
M. Yasan and J.A. Tuychiyevich, "Resolution of Commercial Disputes by Mediation as an Alternative Method: A Legal Analysis for Turkey and Uzbekistan," Krytyka Prawa, vol. 213, 2023.
K. Maksud, Creating an Appropriate Model of Court-Connected Mediation for Uzbek Judicial System, doctoral dissertation, Nagoya University, 2014.
A. Djorobekova, G. Kalieva, G. Kyzy, A. Ermatova, and Z. Shermatova, "Comparative Analysis of Mediation Procedures in Kyrgyzstan and Other Countries," Revista Brasileira de Alternative Dispute Resolution-Brazilian Journal of Alternative Dispute Resolution-RBADR, vol. 7, no. 13, pp. 17-43, 2025.
M.F. Özkan and O. Omonkulov, "Uzbekistan’s Mediator Role in the Afghan Peace Process as a Neighboring and Small State," Uluslararası Politik Araştırmalar Dergisi, vol. 6, no. 2, pp. 43-61, 2020.