A seminar celebrating the long-awaited entering into force of new legislation has strengthened journalists’ knowledge of mediation as a form of alternative dispute resolution and its benefits for the people of Kyrgyzstan. Organized by IDLO, the workshop was held on February 20, 2018, at the Internews office in Bishkek.
The media will play a crucial role in spreading information about mediation and helping people and businesses resolve their disputes outside court. During the seminar, representatives of a number of media outlets were briefed on mediation principles and participated in interactive sessions to develop news items based on the information learned.
“Article 40 of the Constitution of the Kyrgyz Republic requires that alternative methods of dispute resolution are offered to the citizens of the country. It’s becoming more important to give them the option to avoid lengthy judicial proceedings,” Aida Kurmanbayeva, who heads up the department for legislation concerning the judiciary, law enforcement and municipal bodies at the Ministry of Justice, told seminar participants.
Dilbara Maksimbekova, IDLO Senior Advisor, highlighted the value of public information. “One of our mediation trainings was broadcast on local television,” she said. “This led to a resident calling us and visiting the training. He wanted to try mediation as a way to resolve a dispute he was involved in.”
Legislation on mediation entered into force in Kyrgyzstan on February 11, 2018 after a lengthy and complicated adoption process that was supported by IDLO and the European Bank for Reconstruction and Development (EBRD). According to international experts, it reflects best practice from other countries in the region. The Ministry of Justice is now tasked with implementing its provisions and reviewing other legislation for compliance with the new law.
Commercial mediation to support economic development
IDLO and EBRD have been working in Kyrgyzstan to support the country’s economic development through commercial mediation, giving businesses a way to avoid expensive and time-consuming litigation in court. In addition to delivering training in two cities, Bishkek and Osh, IDLO and EBRD are also working with the Ministry of Justice to establish a Mediation Coordination Body. The Body will function as a public regulator, tasked with registering and certifying mediators to ensure their competence.
Fred Huston, IDLO’s Country Director in Kyrgyzstan, explained the role of mediators: “It’s important to note that mediators are not lawyers. They need to have certain skills, but the most important thing is that they know what is fair. A mediator is someone who is well respected, who understands the issue, who knows the context, who is able to identify the source of the problem. The mediated solution doesn’t have to follow the letter of the law, but it must respect the spirit of the law.”
“THE MEDIATED SOLUTION DOESN’T HAVE TO FOLLOW THE LETTER OF THE LAW, BUT IT MUST RESPECT THE SPIRIT OF THE LAW.” – FRED HUSTON, IDLO COUNTRY DIRECTOR IN KYRGYZSTAN
Many people in Kyrgyzstan first came across mediation when ethnic conflict erupted in 2010 in Osh, the southern part of the country near the border with Tajikistan. Local mediation efforts played an important part in facilitating dialogue between different groups, and continue to be cited as people’s first experience with the practice.
IDLO and EBRD have partnered in a number of countries in the Central Asia and Eastern Europe region to promote alternative forms of dispute resolution, particularly for commercial matters. In addition to Kyrgyzstan, recent projects on mediation have been implemented in Mongolia, Montenegro and Tajikistan.
