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LAW OF THE REPUBLIC OF UZBEKISTAN

of July 3, 2018 No. ZRU-482

About mediation

Accepted by Legislative house on June 12, 2018

Approved by the Senate on June 28, 2018

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of mediation.

Article 2. Legislation on mediation

The legislation on mediation consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about mediation then are applied rules of the international treaty.

Article 3. Coverage of this Law

Operation of this Law extends to the relations connected using mediation to the disputes arising from civil legal relationship including in connection with implementation of business activity and also to the individual employment disputes and disputes arising from family legal relationship if the law does not provide other.

Operation of this Law does not extend to disputes which affect or can affect the rights and legitimate interests of the third parties who are not participating in mediations, public concerns.

Article 4. Basic concepts

In this Law the following basic concepts are applied:

mediation - method of settlement of the evolved dispute with assistance of mediator of the voluntary consent of the parties for the purpose of achievement of the mutually acceptable decision by them;

mediator - person involved by the parties for carrying out mediation;

the mediativny agreement - the agreement of the parties of mediation reached as a result of mediation application;

the agreement on holding procedure of mediation - the agreement of the parties from the moment of which conclusion the procedure of mediation is carried out;

the agreement on mediation application - the agreement of the parties signed before emergence of dispute or after its origin on need of dispute settlement with holding procedure of mediation.

Article 5. Basic principles of mediation

Mediation is carried out on the basis of the principles of confidentiality, voluntariness, cooperation and equality of participants, independence and impartiality of mediator.

Article 6. Principle of confidentiality

Participants of mediation have no right to disclose the data which became known for it during mediation, without written consent the parties of the mediation which provided this information, her legal successor or the representative.

Participants of mediation cannot be interrogated as the witness about the circumstances which became to them known in the mediation course and also information relating to mediation, except as specified, provided by the law cannot be requested them.

Article 7. Principle of voluntariness

Mediation is applied in case of the mutual voluntary declaration of will of the parties expressed in the agreement on mediation application.

The parties of mediation have the right to refuse application of mediation at any its stage.

The parties are free in the choice of questions for discussion of the mutually acceptable agreement.

Coercion to conciliation during procedure of mediation is forbidden.

Article 8. Cooperative principle and equality of participants

The procedure of mediation shall be carried out with exception of unilateral impact on conditions of the mediativny agreement.

The procedure of mediation is carried out on the basis of cooperation of the parties for the purpose of achievement of the mutually acceptable decision concerning dispute.

The parties of mediation have the equal rights in case of the choice of mediator, procedure for holding procedure of mediation, the line item in the procedure of mediation, methods and means of its upholding, in case of receipt of information, in assessment of the mutually acceptability of conditions of the mediativny agreement and perform equal duties.

Article 9. Principle of independence and impartiality of mediator

When holding procedure of mediation the mediator is independent. Any intervention in activities of mediator in holding procedure of mediation is inadmissible.

The mediator shall be impartial, carry out the procedure of mediation for the benefit of the parties and provide them equal participation in mediation, create necessary conditions for accomplishment by the parties of their obligations and implementation of the rights granted to them. In the presence of the circumstances interfering independence and impartiality of mediator it shall refuse holding procedure of mediation.

Chapter 2. Participants of mediation and their right and obligation

Article 10. Participants of mediation

Participants of mediation are the parties and mediator. Both physical, and legal entities can be the parties of mediation.

Mediation can take place between two and more parties, and also to be carried out by one or several mediators.

The parties participate in mediation personally or through the representative according to the legislation.

Article 11. Rights and obligations of the Parties of mediation

The parties of mediation have the right:

to choose voluntarily mediator;

refuse mediator;

at any stage of mediation to refuse participation in it;

participate in holding procedure of mediation personally or through the representatives according to the procedure, established by the legislation.

The parties of mediation shall perform the mediativny agreement signed between them according to the procedure and the terms provided by this agreement.

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