Courts dealing with a huge number of disputes will clarify the right to mediation.
On April 21-22, Bishkek hosted training for judges of local courts “Fundamentals of mediation. Role in the litigation. The training was held at the Higher School of Justice under the Supreme Court of the Kyrgyz Republic with the support of the European Bank for Reconstruction and Development (EBRD) and the International Development Law Organization (IDLO) as part of a project to develop commercial mediation in the Kyrgyz Republic.
The purpose of the training is to provide comprehensive knowledge about mediation: to teach how to determine the criteria for mediable situations, to study the procedural rules for formalizing the submission of a dispute for mediation, and to consolidate the results of mediation.
Referee training
According to the law, mediation is carried out on the basis of the principles of voluntariness, cooperation, and equality of the parties to mediation, neutrality, and confidentiality. Sending the parties to an information meeting does not violate the principle of voluntariness, since during the meeting the mediator gives the most complete information about the mediation procedure, and the parties independently decide to choose mediation or court.
Leading expert of the Mediation Center of the Ural State Law University, mediator, Galina Sheremetova says that the practical application of mediation is gaining momentum where the courts are actively working.
The judge of the Sverdlovsk district, Galina Shin, is sure that the development of mediation will reduce the burden on the courts.
How can mediation help resolve a conflict?
When resolving a conflict situation, judges are limited by the rule of law, while the mediator can be flexible.
“In my judicial practice, there was a family dispute over the division of inheritance between father and daughter. We sent them to an informational meeting with a mediator. After a certain time, the parties were able not only to resolve the property dispute but also to restore good, family relations. The non-verbal behavior of the parties allowed the mediator to understand that both the father and the daughter were under the strong influence of other persons. The mediator involved relatives in the mediation procedure, and together they were able to resolve the inheritance issue, but the most important thing is to restore good family ties,” Shin said.
How to find a mediator?
One of the key questions for judges is which mediator to refer the parties to? According to the data of the Republican Register of Mediators on the website www.mediator.kg , more than 400 mediators are members of the Republican Community of Mediators (RCM). At the same time, there are many mediators who work without being members of the RUM. Judges note the lack of mediators in the regions.
“I think all the problems that exist now will be overcome as practical work progresses. The active referral of the parties to the mediation meeting will contribute to the development of mediation, and increase the professionalism of mediators through the development of practical experience,” Shin said.
Director of IDLO in the Kyrgyz Republic Dilbara Maksimbekova says that the EBRD and IDLO program will provide comprehensive support in training judges and mediators in order to improve the legal environment in Kyrgyzstan through the development of commercial mediation.
“Successful resolution of commercial disputes is the key to the investment attractiveness of the country,” Maksimbekova believes.
