Mediation

On July 3, 2018, the Law of the Republic of Uzbekistan “On Mediation” was adopted. This law shall not apply to civil law relations, including disputes arising from the conduct of business activities, as well as disputes arising from individual labor disputes and family law relations, unless otherwise provided by law. Unless otherwise provided, mediation shall be applied at the request of the parties, out-of-court, in the course of litigation, until the court enters a separate room (consultation) to receive the court document, as well as in the execution of court documents and documents of other bodies.

     Mediation is a method of resolving a dispute with the help of a mediator on the basis of their voluntary consent so that the parties reach a mutually acceptable solution. According to the adopted document, it can be divided into 3 categories of disputes:

• from civil legal relations, e.g. disputes arising in connection with the implementation of business activities;

• individual labor disputes;

• Disputes arising from family legal relations.

     In today's legal system of developed countries, the mediation-conciliation procedure, which seeks to resolve disputes in an alternative way without going to court, is of particular importance. The introduction and implementation of real market mechanisms in Uzbekistan also requires the creation of the necessary legal framework governing each area of ​​market relations.

     The Law on Mediation, signed by the President of the Republic of Uzbekistan yesterday, not only introduces new concepts of mediation, but also regulates another area of ​​public life. At present, Uzbekistan is in the early stages of using mediation as an alternative method of conflict resolution.

     Basically, Mediation means "mediation" in English. It is a method of resolving a dispute on the basis of the voluntary consent of the parties to reach a mutually acceptable solution, with the help of an impartial person, ie a mediator. Today in Uzbekistan, mediation-like conciliation procedures are used to resolve various disputes. In particular, mediation can be seen as a form of mediation by citizens' self-government bodies to settle disputes between neighbors, in particular between neighbors and family disputes. In our society, mahalla chairmen have previously acted as mediators in resolving disputes between neighbors, family members, and couples.

     In foreign countries, for example in the UK, mediation is used in all categories of litigation. The probation service may mediate between the victim and the accused, explaining that the damage caused must be remedied. If an agreement is reached between the parties during the mediation process and an agreement is signed, the judge hearing the case will consider this as a mitigating circumstance. As a result, both sides benefit. In particular, if the victim is directly involved in the sentencing process, he or she determines the amount of compensation, which is a mandatory condition of the contract. The perpetrator, in turn, is interested in mitigating the punishment imposed on him.

     Another type of mediation used in the UK is police mediation, which has historically been used by juveniles to commit crimes and has since been extended to all ages, regardless of age.

     Thus, mediation is a new form that differs from previous mechanisms. Like any innovation, it is tested in practice