COMPARATIVE ANALYSIS OF MEDIATION IN SOME FOREIGN COUNTRIES AND UZBEKISTAN: POTENSIAL QUESTIONS AND PROPOSALS

Abstract

The article is devoted to the study of the institute of mediation as an alternative dispute resolution and a tool for improving legal culture. Mediation, which defines the mechanism of pre-trial dispute settlement, that is, reconciliation of the parties to a dispute with the participation of a mediator, has long been used in the practice of developed foreign countries and has proven to be one of their effective ways of alternative dispute resolution. In this regard, a comparative analysis of the application of this procedure in the practice of foreign countries, such as Singapore, Germany, Belarus, Georgia, and Uzbekistan, as well as their experience in this area and the advantages and disadvantages of mediation is given. The current legislation of the Republic of Uzbekistan on mediation, its application and effectiveness, and the current state of the mediation institute have been studied. The problems and ways to solve them related to improving the application of mediation procedures are indicated. For example, the absence of enforcement of a mediation agreement between the parties, proposals are given for the introduction of intra-judicial mediation, which can be carried out by the court with the participation of a mediator judge on a professional basis, as well as when a mediation agreement is reached between the parties during notarial mediation and the right to perform executive inscriptions by a notary for the possibility of its further enforcement.