DUSHANBE, April 30, 2014, Asia-Plus – The Center for Child’s Rights made presentation of a draft law on mediation on April 30.
The law has been drafted by specialists from the Ministry of Justice, President’s Executive Office and deputies of the Majlisi Namoyandagon (Tajikistan’s lower chamber of parliament).
Speaking at the meeting, one of authors of the draft law, Abubakr Inomov, noted that mediation was a form of alternative dispute resolution. “It is a judge who considers a minor’s case independently of judicial bodies. If disputants reach an agreement, the mediator passes a resolution on abatement of action and this resolution moves to a court,” Inomov said.
According to him, mediator is an organization that must work independently, without financial support from the government. “The mediation institution has been planned as an independent body but it is impossible to create anything from scratch,” said Inomov. “Therefore, we together with international organizations have made a decision that a separate body will be established two years after the law is passed.”
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement.
