In Kyrgyzstan, a separate service has appeared to facilitate pre-trial settlement of disputes and disagreements. It is called mediation. The advantage of this service is that civil matters can be resolved on a voluntary and confidential basis considering the interests of both parties. The story of BBC Kyrgyz Service.
Separate rooms or working places for mediators have been arranged in each courthouse.
Rakhat Abdyldaeva, mediator: Mediation can resolve a dispute quickly. Payment is low. In case of withdrawal of the claim the state due shall be refunded. The law on mediation had been passed as one of the elements to combat corruption.
The judge should advise anyone who applies to court to attend an informational meeting with a mediator. We can note that this is a peculiarity of the Kyrgyz Law.
Anar Egemberdieva, the judge: I think mediators will never compete with the courts. They’d rather become partners as they help reduce the number of cases in the courts and speed up decision making process. The Code of Civil Procedure clearly states that parties should be referred to a mediation meeting if both of them agree to be advised on their rights.
When meeting with a mediator it is up to the party to decide whether to cooperate with a mediator or not. However, the number of applications for mediation is very low.
Respondent: I also applied for mediation. I think that primary advantage of mediation is that it helps save time and money.
It has been almost a year since the passage of the Law on Mediation. This work had been well supported by the international organizations.
Dilbara Maksimbekova, Advisor to the IDLO organization: We have studied the international experience. Other countries have extensive mediation experience. Disputes could be resolved with a help of a mediator – an impartial person. As a result, both parties win as a dispute is to be settled taking into consideration the interests of both parties. When our Organization had been considering the mediation issue, we understood that this institution is in line with the mentality of the Kyrgyz people. In old time we used to have the courts of aksakals, biys, kazys, whose extensive life experience helped to settle disputes and disagreements.
The setback of the new service is that the information on the benefits of mediation is not yet available to the public.
Gulsina Kozhoyarova, Head of the Republican Community of Mediators: If there had been support this institute would have quickly risen to its feet. At present mediation is still in its initial stage of development. It is in the process of formation. It requires a lot of time and financial resources. When I say financial resource, in fact mediators receive training at their own expense, but if the state could support raising of public awareness, I think, this institute would yield many benefits.
According to the law, at present mediators can handle civil, economic cases and less grave crimes.
