Conflicts and disputes in business can lead to financial and reputational losses. The goal of Phase II of the EBRD -IDLO project “Development of commercial mediation in the Kyrgyz Republic: response to COVID -19” is to assist small and medium-sized businesses in resolving disputes.
Director of the International Development Law Organization (IDLO) Dilbar Maksimbekova says that the project will carry out comprehensive work:
“The key objectives of the project are to increase the capacity of mediators, train judges to identify mediable cases, and assist businesses in resolving commercial disputes,” Maksimbekova informed
Specificity of commercial mediation
Commercial mediation is an alternative dispute resolution procedure in which the mediator, through negotiations, helps the parties find a mutually acceptable solution to the conflict.
Commercial mediation is a confidential procedure that saves money and time. And, perhaps, the most important difference between commercial mediation and all other systems is that here the parties themselves develop a mutually acceptable agreement, and are not subject to the decision of a third party.
As a rule, commercial mediation includes four categories of disputes:
- Business – client (consumer disputes);
- Business – business (disputes from contractual relations);
- Intra-industrial disputes (labor disputes between employer and employee, disputes between employees, etc.);
- Corporate disputes (disputes between company members, between shareholders and a legal entity, etc.).
Business Perspective
According to an online survey of representatives of the business community, 45.2% of respondents noted that other entrepreneurs and business entities are on the opposing sides in their disputes. In 40.5% of cases, the other side in the dispute is the state (regulatory) authorities, and the rest marked the answer option – others.
To date, the Republican Community of Mediators (RCM) has been established in Kyrgyzstan. On the community website, you can find legal information, and study the portfolio of mediators operating in Kyrgyzstan.
As the mediators themselves note, mediation is a relatively new technology for resolving disputes in Kyrgyzstan.
“In order to achieve success, it is necessary to work on improving the professionalism of mediators, as well as informing the public about the benefits of mediation,” says mediator Gulchekhra Murzakmatova.
She welcomes the launch of the project, expressing confidence that the project support will improve the quality of settlement of disputes and conflicts in the business environment.
The project “ Development of Commercial Mediation in the Kyrgyz Republic: Response to COVID -19” funded by the EBRD is being implemented jointly with the International Development Law Organization (IDLO) in cooperation with the Supreme Court of the Kyrgyz Republic, the Higher School of Justice under the Supreme Court and the Republican Community of Mediators of the Kyrgyz Republic.
