On mediation (LRU-482-son)

03.07.2018

Law of the Republic of Uzbekistan

Adopted by the Legislative chamber on June 12, 2018 Approved by the Senate on June 28, 2018

Chapter 1. General provisions

Article 1. Purpose of the present Law

The purpose of the present Law is to regulate relations in the field of mediation.

Article 2. Legislation on mediation

Legislation on mediation consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes rules other than those stipulated in the legislation of the Republic of Uzbekistan on mediation, the rules of the international treaty shall apply.

Article 3. The scope of this Law

The application of this Law shall extend to relations connected with the application of mediation to disputes arising from civil law relations, including those connected with the implementation of entrepreneurial activity, relations between a client and a bank (credit organizations), relations arising from an insurance contract, and disputes arising from labor and family law relations, unless otherwise provided for by the Law.

This Law does not apply to disputes that affect or may affect the rights and legitimate interests of third parties not participating in mediation, public interests.

Article 4. Basic concepts

The following basic concepts are used in the present Law:

mediation — a method of settling a dispute with the assistance of a mediator on the basis of the voluntary consent of the parties in order to reach a mutually acceptable solution;

mediator — a person engaged by the parties to conduct mediation;

mediation agreement — an agreement of the parties to mediation, achieved as a result of the use of mediation;

agreement on the mediation procedure — the agreement of the parties, from the moment of the conclusion of which the mediation procedure has been held;

agreement on the use of mediation — an agreement of the parties, concluded before the dispute arises or after it arises, about the need to resolve the dispute with the mediation procedure.

Article 5. Basic principles of mediation

Mediation is conducted on the basis of the principles of confidentiality, voluntariness, cooperation and equality of the parties, independence and impartiality of the mediator.

Article 6. Principle of confidentially

Participants in mediation are not entitled to disclose information that became known to them during mediation without the written consent of the mediation party that provided this information to its successor or representative.

The participants of mediation cannot be interrogated as a witness about the circumstances that became known to them during the mediation, and information from them cannot be demanded concerning the mediation, except as required by law.

Article 7. Principle of voluntariness

Mediation is used in the case of mutual voluntary will of the parties, expressed in an agreement on the use of mediation.

Parties to a mediation have the right to refuse to use mediation at any stage.

The parties are free to choose questions to discuss a mutually acceptable agreement.

Forced reconciliation during a mediation procedure is prohibited.

Article 8. Principle of cooperation and equality of the parties

The mediation procedure should be conducted with the exception of unilateral influence on the conditions of the mediation agreement.

The mediation procedure is conducted on the basis of the cooperation of the parties in order to achieve a mutually acceptable solution to the dispute.

The parties to mediation enjoy equal rights when choosing a mediator, the procedure for conducting the mediation procedure, their position in the mediation procedure, ways and means of defending it, when receiving information, in assessing the mutual acceptability of the terms of the mediation agreement and bear equal responsibilities.

Article 9. Principle of independence and impartiality of the mediator

When conducting a mediation procedure, the mediator is independent. Any intervention in the activities of the mediator in the mediation procedure is unacceptable.

The mediator must be impartial, conduct the mediation procedure in the interests of the parties and ensure their equal participation in mediation, create the necessary conditions for the parties to fulfill their obligations and exercise the rights granted to them. If there are circumstances that impede the independence and impartiality of the mediator, he must refuse to conduct the mediation procedure.

Chapter 11. Regulation of the field of mediation

Article 91. Authorized state body in the field of mediation

The Ministry of justice of the Republic of Uzbekistan shall be the authorized state body in the field of mediation.

The Ministry of justice of the Republic of Uzbekistan shall:

adopt normative legal acts on mediation within its powers;

approve the rules of professional ethics for Mediators;

approve the procedure for increasing the professional qualification of a mediator and the programs for training Mediators;

determine the procedure for mediators to submit statistical data and analyze statistical data;

approve the procedure for conducting the qualification examination for inclusion in the register of Mediators;

approve the regulations on the Mediator qualification commissions under the ministry of justice of the Republic of Karakalpakstan, the regional and Tashkent city justice departments, and the Higher mediator qualification commission under the ministry of justice of the Republic of Uzbekistan.

The authorized state body may exercise other powers in accordance with the legislation.

Article 92. Mediator qualification commissions

Mediator qualification commissions under the Ministry of justice of the Republic of Karakalpakstan, the regional and Tashkent city justice departments (hereinafter referred to as the qualification commissions) shall be established for the purpose of conducting the qualification examination for inclusion in the register of mediators and reviewing cases related to the disciplinary liability of mediators.

The qualification commissions shall be established by orders of the minister of justice of the Republic of Karakalpakstan, the heads of the regional and Tashkent city justice departments, in a composition consisting of seven members.

The higher mediator qualification commission under the ministry of justice of the Republic of Uzbekistan (hereinafter referred to as the higher qualification commission) shall be established for the purpose of reviewing appellate complaints filed against the decisions of the qualification commissions, as well as generalizing and analyzing the work practice of the qualification commissions.

The higher qualification commission shall be established by order of the minister of justice, in a composition consisting of nine members.

Mediators, representatives of civil society institutions, and employees of justice bodies and other organizations with experience in the field of law shall be included in the composition of the qualification commissions and the higher qualification commission by agreement.

Article 93. Maintaining the register of mediators

The register of Mediators shall be maintained by the ministry of justice of the Republic of Karakalpakstan, the regional and Tashkent city justice departments. This register shall be posted on their official websites, as well as on the official website of the ministry of justice of the Republic of Uzbekistan.

Successful completion of the qualification examination by a person (excluding notaries and advocates) shall be the basis for their inclusion in the register of mediators.

The register of mediators must contain the following:

the surname, name, and patronymic of the mediator;

information on the mediator's location and other information for contacting the mediator;

the mediator's education (specialty);

the field of mediation in which the mediator specializes;

the language in which the mediator is able to conduct the mediation procedure;

information on the suspension, restoration, or exclusion of the mediator from the register.

Chapter 2. Participants in mediation and their rights and obligations

Article 10. Participants in mediation

The participants in mediation are the parties and the mediator. Parties to mediation can be both physical and legal persons.

Mediation can take place between two or more parties, as well as being conducted by one or more mediators.

The parties shall participate in mediation in person or through their representative in accordance with the legislation.

Article 11. Rights and obligations of the parties of mediation

Parties to mediation may:

choose a mediator voluntarily;

abandon the mediator;

refuse to participate in at any stage of mediation;

to participate in the mediation procedure in person or through their representatives in the manner prescribed by law.

The parties to mediation are obliged to execute the mediation agreement concluded between them in the manner and time provided for by this agreement.

The parties to mediation may also have other rights and bear other obligations in accordance with the legislation.

Article 12. Requirements for a mediator

A natural person who has higher education, has successfully completed a special training course under the mediator training program approved by the ministry of justice of the Republic of Uzbekistan, has passed the qualification examination, and has been included in the register of mediators may engage in mediation activities in the Republic of Uzbekistan. Persons who have the status of an advocate or a notary in the Republic of Uzbekistan shall not be required to pass the qualification examination.

The following persons may not be mediators:

a person who is in state service, except for a person engaged in pedagogical, scientific, creative, or notarial activities;

a person for whom there is a court decision that has entered into legal force on their being found to have limited legal capacity or to be legally incapable;

a person whose conviction has not been canceled or whose criminal record has not been expunged.

The activity of a mediator shall not be considered entrepreneurial activity.

Article 121. Conducting the qualification examination for inclusion in the register of mediators

A person who has higher education, has successfully completed a special training course under the mediator training program approved by the ministry of justice of the Republic of Uzbekistan, and has expressed a desire to be included in the register of mediators must pass the qualification examination before the qualification commissions. The questions for the qualification examination shall be within the scope of the topics taught based on the mediator training program.

A candidate who fails the qualification examination shall be permitted to retake it no less than three months later.

Article 13. Rights and obligations of the mediator

The mediator has the right to:

when conducting a mediation procedure, hold meetings with all parties simultaneously, and with each of the parties separately, provide them with oral and written recommendations on how to resolve the dispute;

claim reimbursement of expenses incurred in connection with the mediation procedure.

The mediator must:

to comply with the requirements of legislative acts and the rules of professional ethics of the mediator;

to constantly improve their knowledge and increase their professional qualification at least once every three years in the manner determined by the ministry of justice of the Republic of Uzbekistan, except for mediators who have the status of a notary or an advocate;

prior to the start of mediation, explain to the parties to the mediation its goals, as well as their rights and obligations;

when conducting a mediation procedure, act only with the consent of the parties to the mediation;

use legal means and ways to convince the parties to reach a mutually acceptable agreement on the dispute;

to submit statistical data in the manner and form determined by the authorized state body;

in the presence or occurrence of circumstances that may affect its independence and impartiality, inform the parties thereof.

The mediator may also have other rights and bear other duties in accordance with the law.

The mediator is liable to the parties for the harm caused as a result of the mediation procedure, in the manner prescribed by law.

Article 131. Liability of the Mediator

The violation of the requirements of the legislation on mediation or the rules of professional ethics of the mediator by a mediator shall result in the application of disciplinary measures against them.

Disciplinary proceedings shall be initiated by the decision of the qualification commissions.

The following shall serve as grounds for initiating disciplinary proceedings:

cases of violation of the requirements of the legislation on mediation or the rules of professional ethics of the mediator by the mediator;

a private ruling issued by the court against the mediator.

Based on the results of the review of disciplinary proceedings, the following disciplinary measures may be applied against the mediator by the qualification commissions:

warning;

suspension of the mediator's activity for a period of up to six months;

exclusion of the mediator from the register of mediators.

A disciplinary measure may be applied against the mediator no later than one year from the date the misconduct was committed, or from the date it was discovered in the case of continuing misconduct.

If a mediator who has the status of a notary or an advocate has been brought to liability for the same misconduct in accordance with the legislative acts on notary or advocacy, the issue of disciplinary liability against the mediator shall not be reviewed.

The mediator shall be liable before the parties for the damage caused as a result of conducting the mediation procedure in the manner established by the legislation.

Article 14. Suspension or reinstatement of the mediator's activity

The suspension of the mediator's activity shall be carried out by the decision of the justice body that included the mediator in the register, from the moment they are involved as an accused person in the event the mediator is brought to criminal liability and until the court verdict enters into legal force or until a decision is made on their release from criminal liability on grounds that rehabilitate them.

The mediator's activity may be suspended for a period of up to six months based on the mediator's own application by the justice body that included the mediator in the register.

When violations of the requirements of the legislation on mediation or the rules of professional ethics of the mediator are identified, the mediator's activity shall be suspended for a period of up to six months by the decision of the qualification commissions or the higher qualification commission.

After the period of suspension of the mediator's activity expires or after the grounds for the suspension of the mediator's activity are eliminated in accordance with the first part of this Article, the mediator's activity shall be reinstated by the decision of the justice body that included the mediator in the register.

Article 141. Exclusion from the register of mediators

A mediator shall be excluded from the register of mediators by the justice body that included them in the register in the following cases:

based on their own application;

upon death or when the court decision declaring them deceased enters into legal force;

when their legal capacity is limited or they are found to be legally incapable in the established manner;

when the court decision on declaring the person missing enters into legal force;

when the court's guilty verdict finding the mediator guilty of committing a crime enters into legal force;

upon entering state service, except for pedagogical, scientific, creative, and notarial activities;

based on the decision of the qualification commissions or the higher qualification commission due to the violation of the requirements of the legislation on mediation or the rules of professional ethics of the mediator by the mediator.

Сhapter 3. Using and carrying out of mediation

Article 15 Conditions for the use of mediation

Mediation is applied on the basis of the will of the parties.

Mediation can be applied out of court, in the process of consideration of the dispute in court, before the court is removed to a separate (advisory) room for the adoption of a judicial act, as well as in the process of execution of judicial acts and acts of other bodies.

Mediation may also be applied during the process of reviewing a dispute in the body authorized to review the dispute, in the court of arbitration, and in arbitration, until their decisions are adopted.

The fact of participation in mediation may not serve as evidence of an admission of guilt.

Article 16. Agreement on the use of mediation

The agreement on the use of mediation is concluded in writing in the form of a clause in the contract, which is part of the contract, or in the form of a separate agreement.

The agreement on the use of mediation should contain a provision stating that all or certain disputes that have arisen or may arise between the parties are subject to resolution by means of a mediation procedure.

The agreement on the use of mediation may contain information on the subject of the dispute, on the procedure for conducting the mediation procedure, on the conditions for the parties to participate in the costs associated with its conduct, on the timing of the mediation procedure.

Article 17. The actions of the state body during the mediation procedure in the case

When an agreement on conducting the mediation procedure is submitted by the parties to the body authorized to review the dispute in cases provided for by the law, the said body shall postpone the hearing of the case and set a term for conducting the mediation procedure. If the mediation procedure is carried out during the process of enforcing court documents and documents of other bodies, the enforcement proceedings shall be suspended for the duration of its implementation.

When conducting a mediation procedure, direct intervention by a state authority is prohibited.

The specific features of carrying out the mediation procedure after a case has been initiated in court shall be determined in the procedural legislation.

The mediation agreement reached by the parties during the mediation procedure in the course of judicial review or in the process of reviewing a dispute in the authorized body shall be immediately sent to the court or the authorized body in whose proceedings the relevant case is pending.

A mediation agreement reached by the parties during the execution of judicial acts and acts of other bodies shall be immediately sent to the state enforcement officer who has the enforcement document in their proceedings.

In the event that the dispute is resolved by a mediation agreement under the mediation procedure, the paid state duty must be refunded, except for cases where a mediation agreement is concluded during the execution of judicial acts and acts of other bodies.

Article 18. Application of mediation in a dispute with the participation of a state body

In the event of a dispute involving a state body, the state body should take measures to apply mediation.

Article 19. Starting of the mediation procedure

The mediation procedure begins on the day the parties conclude an agreement on the mediation procedure.

Article 20. Agreement on mediation procedure

The agreement on the mediation procedure is drawn up in writing.

The agreement on the mediation procedure must contain the following information:

about the parties;

about the subject of the dispute;

on the procedure of the mediation procedure, mediator, obligations agreed by the parties, terms and conditions for their implementation;

the language, place and date of the mediation procedure;

about the duration of the mediation procedure.

Article 21. Suspension of the limitation period

During the mediation procedure, the limitation period is suspended.

Article 22. The order of the mediation procedure

For the mediation procedure, the parties, by mutual agreement, choose one or several mediators.

The procedure for the mediation procedure is established, as a rule, by an agreement on the mediation procedure.

When conducting a mediation procedure, the mediator does not have the right to place any of the parties in an advantageous position, nor detract from the rights and legitimate interests of one of the parties.

Article 23. Duration of the mediation procedure

The term for carrying out the mediation procedure shall be determined in the agreement on the implementation of the mediation procedure. In this case, the mediator and the parties must take all possible measures to complete the mediation procedure within a period not exceeding thirty days. If necessary, the term for carrying out the mediation procedure may be extended by mutual consent of the parties for a period of up to thirty days, except for cases stipulated in the second part of this Article.

The term for carrying out the mediation procedure during the execution of judicial acts and acts of other bodies shall be no more than fifteen days.

Article 24. Termination of the mediation procedure

Mediation is terminated due to the following circumstances:

conclusion by the parties of a mediation agreement;

the impossibility of reaching a mutually acceptable solution to the dispute;

entering into an agreement of the parties to terminate mediation without reaching agreement on the differences (if there is a written agreement on the conduct of the mediation procedure);

a statement by a party to refuse to continue mediation;

expiration of the mediation procedure.

Article 25. Restrictions on mediation

When applying mediation, the mediator is not entitled to:

to be a representative of any party in the same dispute, except for cases stipulated by the legislation and when there is mutual consent of both parties to their participation;

provide any party with legal, consulting or other assistance;

conduct the activity of a mediator if he is personally (directly or indirectly) interested in its result, including being in a kinship relationship with the person who is one of the parties, except in cases of mutual consent to his participation;

make public statements on the merits of the dispute without the consent of the parties.

Article 26. Confidentiality of information relating to mediation

The parties, the mediator, as well as other persons who were present during the mediation procedure, regardless of whether the proceeding is connected with the dispute that was the subject of mediation, shall not have the right to refer, if the parties have not agreed otherwise, to:

the proposal of one of the parties to apply mediation, as well as the willingness of one of the parties to participate in its conduct;

opinions or suggestions expressed by one of the parties regarding the possibility of resolving the dispute;

confessions made by one of the parties during the mediation procedure;

the willingness of one of the parties to accept the proposal of the mediator or the other party to settle the dispute.

Article 27. The condition for disclosure by the mediator of information relating to mediation

If the mediator received information from one of the parties relating to mediation, he may disclose such information to the other party only with the consent of the party that provided the information.

Article 28. Payment for the activity of a mediator

The activity of a mediator may be carried out for a fee or free of charge.

The activity of a mediator on a non-professional basis is free of charge.

Nonprofessional mediator can be reimbursed for expenses incurred by him in connection with the mediation procedure, including the cost of travel to the place of consideration of the dispute, accommodation and meals..

Payment and reimbursement of expenses shall be made by the parties in equal shares, unless they have agreed otherwise.

If the mediator refuses to conduct the mediation procedure, he is obliged to return the money paid to him by the parties to the mediation.

Article 29. Mediation agreement

In the event that the parties reach a mutually acceptable decision on the terms and deadlines of the conflict or fulfillment of obligations arising from the results of the implementation of the mediation procedure, a mediative agreement is concluded between the parties in writing.

A person in whose interests a lawsuit is filed by a state or other body is entitled to conclude a mediation agreement without the participation of this state or another body.

The mediative agreement must state that:

the surname, first name, patronymic (name), place of residence or place of stay (postal address) of the parties to the mediative agreement, as well as the surname, first name, patronymic and place of residence of the representative if the mediative agreement is concluded by the representative;

rights and obligations of the parties to the mediative agreement related to the fulfillment of the agreement;

terms and deadlines for the fulfillment of obligations agreed by the parties to the mediative agreement.

The mediative agreement must be signed by the parties to the agreement and approved by the mediator.

It is not allowed to conclude a mediative agreement that provides for the following:

1) if its terms contradict the legislation;

2) if its conditions affect or can affect the rights and legitimate interests of third parties who do not participate in the mediation, the public interest.

The consequences of the non-fulfillment of a mediative agreement can be determined by the parties in this agreement itself.

Mediation agreements executed in the Republic of Uzbekistan must comply with the Constitution of the Republic of Uzbekistan, this Law, and other legislative acts.

Article 291. Enforcement of a mediation agreement

A mediation agreement shall have mandatory force for the parties who concluded it, and this agreement shall be executed voluntarily by the parties in the manner and within the terms provided for therein.

In the event of voluntary non-fulfillment of the mediation agreement, the parties shall have the right to apply to the court with a request to refer the mediation agreement for compulsory enforcement.

Chapter 4. Final provisions

Article 30. Dispute resolution

Disputes arising in the field of mediation shall be resolved in the manner prescribed by legislation.

Article 31. Liability for violating legislation on mediation

Persons guilty of violating legislation on mediation shall be held liable in the established manner.

Article 32. Ensuring the execution, communication, explanation of the essence and meaningof this Law

The Ministry of Justice of the Republic of Uzbekistan and other interested organizations should ensure the execution, communication of the performers and explanation among the population of the essence and meaning of this Law.

Article 33. Harmonization of legislation with this Law

The Cabinet of Ministers of the Republic of Uzbekistan shall:

bring the decisions of the government in accordance with the present Law;

ensure the revision and cancellation by the public administration authorities of their regulatory and legal acts that are contrary to the present Law.

Article 34. Entry into force of the present Law

The present Law comes into force on January 1, 2019.

President of the Republic of Uzbekistan SH. MIRZIYOYEV

Tashkent city,

July 3, 2018,

No. LRU-482