Mediation In
Osh, Kyrgyzstan

Legal Framework

Mediation in Kyrgyzstan follows the Law 'On Mediation' adopted by the Kyrgyz Parliament. The law aims to introduce the institution of mediation into the legal system as a mandatory pretrial and out-of-court dispute resolution mechanism for certain categories of civil and criminal cases, as well as foster a culture of peaceful conflict resolution. The law provides for designation of an authorised state body in the field of mediation entrusted with functions including formation and implementation of state policy in the field of mediation, development of draft normative legal acts on mediation, analysis and monitoring of law enforcement practice, ensuring functioning and development of the mediation system, ensuring public awareness regarding mediation, and maintenance of the Unified State Register of Mediators. International arbitration in Kyrgyzstan continues to be governed by the Law on Arbitration Courts, enacted on 30 July 2002, which is mostly based on the UNCITRAL Model Law. International commercial arbitration matters are also governed by the Code of Civil Procedure of the Kyrgyz Republic dated 25 January 2017, which deals with recognition and enforcement of arbitral awards, and the Law of the Kyrgyz Republic on Investments into the Kyrgyz Republic dated 27 March 2003, which confirms the right of investors to bring their disputes with the Kyrgyz Republic to international arbitration.

While Kyrgyzstan operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

The Law 'On Mediation' introduces mandatory mediation information meetings with a mediator before filing a lawsuit in certain categories of civil and criminal cases. The meeting is held to inform the parties about the possibilities of mediation and assess the applicability of this method. Under the Mediation Law adopted in July 2017, parties have a right to execute a mediation agreement at any time prior to or after the initiation of legal proceedings. If parties execute a mediation agreement during civil court proceedings, the court shall stay those proceedings until the mediation has been concluded. Where parties resolve the dispute through mediation, they may execute a settlement agreement that needs to be approved by the court, and court proceedings will be terminated. If one of the parties refuses to comply with the terms of the settlement agreement approved by the court, the other party may seek to enforce the agreement in a state court. The government proposed to include special rules for challenging arbitral decisions issued in Kyrgyzstan based on concerns about public policy, but this proposal was rejected. The Constitutional Court and the Constitutional Chamber of the Supreme Court consistently rejected claims that arbitration law contradicted Kyrgyzstan's Constitution, showing a pro-arbitration position.

Mediator Regulations

The Law 'On Mediation' establishes the Chamber of Mediators of the Kyrgyz Republic as a unified, self governing, and self financing professional community of mediators with mandatory membership. The law ensures professional training for mediators: basic training of at least 80 hours at the Training Centre of the Chamber of Mediators, and annual professional development of at least 16 hours. Mediation Centres are established as legal entities established by two or more mediators. The law provides for online mediation, conducted in whole or in part using digital technologies and services. The authorised state body maintains the Unified State Register of Mediators. Legal guarantees for the enforcement of mediation agreements include recognising mediation agreements as civil transactions, granting notarized agreements the status of an enforceable document, and granting the status of a title document to agreements providing for the transfer of ownership of real estate.

Cultural Approach

The Law 'On Mediation' aims to foster a culture of peaceful conflict resolution. The introduction of mandatory mediation information meetings before filing lawsuits in certain categories of cases indicates a cultural shift toward mediation as a first step in dispute resolution. The establishment of the Chamber of Mediators as a mandatory professional community indicates institutional commitment to professional mediation standards. The requirement for basic training of 80 hours and annual professional development of 16 hours indicates emphasis on professional competence. The introduction of online mediation using digital technologies indicates modernization and accessibility. The legal guarantees for enforcement of mediation agreements indicate institutional support for mediation outcomes. The pro-arbitration position demonstrated by the Constitutional Court indicates cultural acceptance of alternative dispute resolution.

Typical Costs

Specific fee structures for mediation in Kyrgyzstan are not detailed in available sources. The Chamber of Mediators is self financing, indicating fee structures determined by the professional community. Mediation Centres established by two or more mediators would have fee structures determined by individual centres. No specific hourly or daily rates are documented in available sources. The self financing nature of the Chamber of Mediators indicates professional fee structures. No specific cost provisions are documented in available sources.