PRACTICAL PROBLEMS OF MEDIATION AGREEMENTS IN THE JUDICIAL SYSTEM AND WAYS TO SOLVE THEM, INCLUDING FOREIGN EXPERIENCE

Abstract

This study demonstrates that despite the existence of mediation legislation in Uzbekistan (the 2018 Law and relevant procedural codes), a number of practical problems persist. In particular, a settlement agreement (“mediation agreement”) is allowed only at the deliberation stage of the court of first instance, which in many cases limits the autonomy of the parties. In addition, a mediation agreement does not have enforceability until it is approved by a court, meaning that no automatic enforcement mechanism is предусмотрено. These factors reduce the possibility of resolving disputes quickly without resorting to courts.

Based on the analysis, the main proposals are as follows: expanding procedural rules, introducing a mechanism to grant mediation agreements the status of directly enforceable documents (for example, through the involvement of a notary or bailiff to issue a writ of execution), clearly defining the substantive requirements of the agreement (obligations, deadlines, enforcement guarantees), introducing mandatory recommendation procedures for mediation in courts, and strengthening the professional qualifications of mediators (certification and continuous education).

These proposals can help reduce the workload of the judicial system and strengthen mechanisms for fast, cost-effective, and reliable dispute resolution for citizens and businesses.