In February 2018, the Law on Mediation entered into force in Kyrgyzstan. At the present time, mediation practice is beginning to develop. There is a process to establish a Republican community of mediators, which will participate in the improvement of legislation on mediation, exercise control over the preparation of mediators and the quality of mediation.
ABOUT MEDIATION IN KYRGYZSTAN
Currently the legal basis for mediation in Kyrgyzstan is the Law on Mediation.
Facilitative mediation is developing in Kyrgyzstan, which adheres to the principle of a mediator’s neutrality and the voluntary nature of mediation. There are no cases of compulsory mediation before appealing to the court.
However, judges in Kyrgyzstan have the right to send parties to an information meeting with a mediator, participation in which is compulsory.
A mediation agreement can be certified by a notary. On the basis of this agreement, an executive notarial inscription can be made to enforce its terms.
Sphere of Application
In Kyrgyzstan, mediation can be applied to the resolution of civil, family and labor disputes, as well as in criminal cases.
The mediation agreement must be concluded in writing. At the request of the parties, the mediation agreement can be certified by a notary. Also on the basis of this agreement, the court can approve the settlement agreement.
Parties of mediation procedure may provide for in a mediation agreement the fulfillment of an executive notary’s inscription to enforce its terms.
Status of a Mediator
The mediator has the right to carry out its activities on the basis of the certificate issued by the Republican mediators community.
In addition, the mediator must be at least 25 years old, he or she must have a higher education and additional education in mediation.
The mediator in Kyrgyzstan has the status of an independent person and witness immunity.