Mediation In
Xo‘jaobod, Andijan

Legal Framework

Mediation in Uzbekistan follows the Law on Mediation adopted in July 2018 and effective from January 1, 2019. This landmark law officially introduced and regulated mediation as a recognised legal process, defining mediation, the rights and responsibilities of mediators, and procedures for conducting mediation. The law applies to civil, economic, labor, family, and administrative disputes arising from civil legal relationships including business activity, client-bank relations, insurance contracts, employment, and family legal relationships. The legislation does not extend to disputes affecting third parties not participating in mediation or public concerns. In 2022, Uzbekistan introduced legislative amendments (Law No. ZRU-1089) to strengthen mediation, establishing compulsory enforcement of mediation agreements and professionalizing mediator regulation. The Civil Procedure Code and Economic Procedural Code include provisions promoting ADR, encouraging courts to refer parties to mediation or arbitration before initiating full litigation. The Law on Arbitration Courts (2006) regulates private arbitration courts. The 2022-2026 Justice Sector Reform Strategy emphasises greater use of ADR, and pilot programmes for mandatory mediation in family and civil disputes are being explored in urban courts.

While Uzbekistan 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

Uzbekistan courts actively support mediation through various mechanisms. The Civil and Economic Courts can stay court proceedings if parties have agreed to mediate and until the end of mediation but not more than 60 days. Courts may suggest or refer parties to mediation before or during trial. Under recent amendments, if a mediation agreement is not performed voluntarily, parties are entitled to apply to an economic court or civil court for compulsory enforcement without initiating a full lawsuit. The state duty paid at the beginning of court proceedings is refunded when parties end the mediation process with a mediation agreement, except in cases when enforcement of court decisions is being carried out. The state duty for obtaining a writ of execution under this procedure is set at only 2 BCUs (approximately USD 70), significantly less costly than initiating a lawsuit. When considering such applications, economic courts are not permitted to review the underlying dispute, examining only the mediation agreement itself and whether its terms have been fulfilled. The Ministry of Justice is designated as the authorised state body in the field of mediation and must postpone proceedings upon submission of a mediation agreement.

Mediator Regulations

Mediator regulation in Uzbekistan has been significantly professionalized through recent amendments. Entry into the Registry of Mediators now requires successful completion of a qualification examination under the Ministry of Justice programmeme, rather than merely completing a training course. The distinction between professional and non-professional mediators has been removed, with all mediators now required to meet unified and enhanced requirements including higher education, completion of a special training course, passing a qualification exam, and inclusion in the unified mediator registry. Attorneys-at-law and notaries are exempt from the qualification exam but must complete training and be included in the Registry of Mediators. The 144-hour training requirement for mediators limits the entry of foreign mediators to Uzbekistan. Mediators are expressly included among persons who cannot be called as witnesses in tax control procedures with respect to information obtained in their professional activities, to the extent that such information constitutes professional secrecy. A national register of certified mediators is maintained by the Ministry of Justice.

Cultural Approach

Uzbekistan's cultural approach to mediation is deeply rooted in traditional dispute resolution practices. For centuries, people have sought resolution by referring disputes to an elder person (aksakal) of their community. This Uzbek tradition of conciliation continues through local Mahalla Councils, which are unique social elements of Uzbek society. Mahalla is a territorial unit including households on the same street or quarter, headed by a chairman elected by residents. These councils manage small disputes between residents to maintain peace and good relations among neighbors, and aksakals may also deal with family disputes. Mechanisms similar to mediation were embedded in procedural legislation through settlement agreements in both civil procedure and economic procedure codes. While mediation is not new to Uzbek dispute resolution culture, public awareness remains limited, and some parties still prefer court decisions or traditional dispute resolution through community leaders. The law was developed as part of political and social reforms under the new president, involving multiple stakeholders including the Ministry of Justice, Supreme Court, Supreme Economic Court, General Prosecutor's Office, and Chamber of Commerce.

Typical Costs

Mediation costs in Uzbekistan are designed to encourage settlement. When parties end the mediation process with a mediation agreement, the state duty paid at the beginning of court proceedings is refunded, except in cases when enforcement of court decisions is being carried out. For civil court claims, the state duty can be 4 per cent of the amount in dispute. The state duty for obtaining a writ of execution for compulsory enforcement of a mediation agreement is set at only 2 BCUs (approximately USD 70), making it significantly less costly than initiating a lawsuit. The Tashkent International Arbitration Centre (TIAC) offers zero admin fee arbitration services. Overall, ADR is considered cost effective compared to prolonged court proceedings, with lower costs and faster resolution times. Specific mediator fees are determined by individual agreements between parties and mediators, as the law does not establish fixed fee schedules for mediation services.