`The updated website of the Republican Community of Mediators (RCM) www.mediator.kg will facilitate the search and selection of a mediator.

On March 18, 2022, with the support of the European Bank for Reconstruction and Development (EBRD) and the International Development Law Organization in the Kyrgyz Republic (IDLO), within the framework of the project for the development of commercial mediation, together with RCM, a training was held for mediators on working with an updated resource.

Now the PCM website is available in a mobile version and adapted to all devices. Mediators will soon be able to open a Personal Account and fill out their professional portfolio by uploading their resume, and certificates, indicating their specialization, etc.

__________________________________________________________________________

According to official statistics, in 2020, there are 1,102 mobile phones per 1,000 people.

_____________________________________________________________________________

Director of IDLO in the Kyrgyz Republic Dilbar Maksimbekova says that the main goal of the innovations is to simplify the search and selection of a mediator for those who need their services.

“The project for the development of mediation in Kyrgyzstan was launched in 2017. The first phase of the project made it possible to train mediators, create a coordinating body – the Republican Community of Mediators and resolve certain commercial disputes. The goal of the second phase of the project is to support the government of Kyrgyzstan in promoting and facilitating the use of commercial mediation for small and medium-sized businesses,” Maksimbekova said.

What is special about commercial mediation?

Commercial mediation is an alternative mechanism for resolving disputes faster and more economically than is possible in the courts. The mediator helps the parties to find a mutually acceptable solution to the conflict through negotiations. The parties themselves develop a mutually acceptable agreement and are not subject to the decision of a third party. The principle of confidentiality is strictly observed here.

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 the employer and the employee, disputes between employees, etc.);
• corporate disputes (disputes between company members, between shareholders and a legal entity, etc.).

 Why consider commercial mediation?

In the Kyrgyz Republic, litigation requires the payment of state fees or fees of up to 5% of the amount of the claim in excess of legal fees (litigation costs in the Kyrgyz Republic are on average higher than in other countries of the region, and even compared to other high-income countries) , which could be a big blow to the profitability of SMEs.

The first phase of the project allowed SMEs to save up to 130,000 KGS (~ 1,500 GDP) in state duties and fees, in addition to achieving an amicable solution in 77% of cases and a subsequent higher level of voluntary enforcement of settlement agreements.

As part of the project, 35 commercial disputes were considered, 27 of which were successfully resolved through mediation.

Help for small and medium businesses

Director of the EBRD Small Business Consulting Program Bakai Zhunushev welcomes the possibility of resolving disputes through mediation.

“As part of our program, we help small and medium-sized businesses work with external consultants, and international experts to complete various business tasks. Our beneficiaries come from various industries – marketing, strategy, etc. Sometimes disputes and disagreements may arise, which are best resolved out of court, through commercial mediation,” Bakai Zhunushev believes.

The EBRD-IDLO project for the development of commercial mediation will allow entrepreneurs to avoid the costs of the services of a commercial mediator since these costs will be covered by the project.