Mediation in Azerbaijan

Quick Facts

• Legal Framework: Azerbaijan has significantly reformed its ADR framework. On March 29, 2019, the Law of the Republic of Azerbaijan 'On Mediation' was adopted, regulating public relations in the sphere of establishment...
• Cultural Approach: Azerbaijan's cultural approach to mediation reflects ongoing judicial and legal reforms aimed at modernizing dispute resolution. The mandatory mediation session requirement indicates institutional com...
• Typical Costs: Mediation is designed to reduce court workload and is generally less expensive than judicial procedures. The Law requires parties to attend initial mediation session before court application for certa...

Mediation Research

Legal Framework

Azerbaijan has significantly reformed its ADR framework. On March 29, 2019, the Law of the Republic of Azerbaijan 'On Mediation' was adopted, regulating public relations in the sphere of establishment of mediation as an ADR method, defining goals, principles, rules of implementation, and status of mediators. On December 26, 2023, Azerbaijan enacted a new Law on Arbitration effective from January 25, 2024, governing both international and domestic arbitration, largely based on the 2006 UNCITRAL Model Law with modifications for local practices. From July 1, 2020, initial mediation session is required before applying to court for disputes in economic, family, and labor relations.

Court System

Azerbaijani courts actively support mediation. At any stage of proceedings and considering case circumstances, the court may propose resolving disputes through mediation at its discretion subject to parties' consent, or by request of one party subject to other party's consent. When court proposes mediation, court proceedings are suspended until settlement agreement and protocol on mediation result are submitted. The mandatory initial mediation session requirement for economic, family, and labor disputes before court application represents strong court system integration. Judicial mediation is explicitly provided for in the Law.

Mediator Regulations

Mediators are individuals with higher education, at least 25 years old, with at least three years of work experience, assigned by mediation organisations for professional mediation process. Mediators act in mediation organisations and mediation is regulated and monitored by the Mediation Council. Professional standards are established through the Law's qualification requirements. The Mediation Council oversees mediator conduct and compliance. The requirement for higher education and work experience ensures professional standards.

Cultural Approach

Azerbaijan's cultural approach to mediation reflects ongoing judicial and legal reforms aimed at modernizing dispute resolution. The mandatory mediation session requirement indicates institutional commitment to ADR. The cultural context values efficiency and reducing court workload. The integration of mediation into economic, family, and labor disputes suggests broad acceptance across different dispute types. The reforms are part of creating an investor-friendly environment.

Typical Costs

Mediation is designed to reduce court workload and is generally less expensive than judicial procedures. The Law requires parties to attend initial mediation session before court application for certain disputes, suggesting subsidized or mandatory initial session. Specific fee structures are determined by mediation organisations. The emphasis on reducing court costs and time suggests cost effectiveness. Mediation procedures take shorter time than judicial procedures according to the Law.

States and Regions