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LAW OF THE KYRGYZ REPUBLIC

of July 28, 2017 No. 161

About mediation

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 22, 2017

This Law is drafted for the purpose of creation of the legal basis for application in the Kyrgyz Republic of mediation on dispute settlement, assistance in protection of the rights, freedoms and legitimate interests of citizens, development of partner business relations and forming of ethics of business conduct, harmonization of the social relations.

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

1. This Law governs the relations connected using mediation to the disputes arising from civil, family and employment legal relationship.

2. Mediation is applied to the disputes arising from criminal legal relations in the cases which are directly provided by the law.

3. Mediation is not applied if the dispute infringes on interests of persons who are not participating in mediation or persons recognized by court incapacitated, except as specified, when these faces or legal representatives of incapacitated persons enter process as the party of mediation.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) mediation - the procedure of dispute settlement with assistance of mediator (mediators) by approval of interests of parties at variance for the purpose of achievement of the mutually acceptable agreement by them;

2) mediator - the impartial physical person meeting the requirements of this Law, giving help to the parties in carrying out mediation;

3) the parties of mediation - the physical persons and (or) legal entities who expressed consent to dispute settlement by means of mediation;

4) the agreement on mediation application - the written agreement signed by the parties and mediator about dispute settlement by carrying out mediation;

5) the mediativny agreement - the written agreement of the parties about dispute settlement reached by them as a result of mediation;

6) the organization of mediators - the non-profit organization created for consolidation of mediators on voluntary basis for the purpose of providing methodical, organization-legal conditions of rendering with mediators of the help with carrying out mediation;

7) the organization for professional training of mediators - the legal entity performing activities for training and advanced training of mediators;

8) information meeting - mediator meeting with the parties of dispute, case on offense, criminal case for explanation of essence of the procedure of mediation;

9) the certificate - the document confirming receipt of additional education of mediator;

10) the certificate of mediator - the document on assignment of the status of mediator according to requirements of this Law.

Article 3. Principles of carrying out mediation

Mediation is carried out on the basis of the principles:

1) voluntariness;

2) cooperation and equality of participants of mediation;

3) mediator neutralities;

4) confidentiality.

Article 4. Principle of voluntariness

1. Nobody has the right to force the parties to dispute settlement by means of mediation.

2. Nobody has the right to force mediator to assistance on dispute settlement by means of mediation.

3. The agreements reached by the parties of mediation are performed voluntarily.

Article 5. Cooperative principle and equality of participants of mediation

1. Mediation is carried out on the basis of constructive cooperation for the purpose of approval of interests of parties at variance.

2. The parties of mediation have equal opportunities in the choice of mediator, presentation of the line items and in development of the mutually acceptable agreement.

Article 6. Principle of neutrality of mediator

1. The mediator when carrying out mediation is independent and impartial.

2. The mediator is independent of the parties of mediation, state bodies, local government bodies and their officials, legal entities and physical persons.

3. The mediator shall carry out mediation without prejudice for the benefit of the parties and provide them equal participation in mediation.

4. In the presence of the circumstances influencing mediator neutrality it shall refuse carrying out mediation.

Article 7. Principle of confidentiality

1. When carrying out mediation confidentiality of all information relating to mediation remains.

2. Mediator, the staff of the organization of mediators shall observe confidentiality of information which became to them known before and (or) in the course of holding procedure of mediation. This obligation extends also to cases of suspension or termination of their activities as mediator.

3. If the mediator obtained information relating to mediation from one of the parties, it can open such information to other party only with the consent of the party which provided information.

4. The parties of mediation have no right to disclose information relating to mediation if they did not agree about other.

Article 8. Guarantees when carrying out mediation

1. Mediator, the staff of the organization of mediators cannot be interrogated as the witness about the data which became to them known in the course of information meeting and mediation.

2. It is forbidden to request mediator and the organizations of mediators from information relating to mediation, except as specified, stipulated by the legislation.

Chapter 2. Legal status and organization of activities of mediator

Article 9. Requirements imposed to mediator

1. The physical person can be mediator:

1) reached 25-year age;

2) the having higher education;

3) received the certificate by results of additional education on mediation;

4) the received certificate of mediator according to this Law.

2. Cannot be mediator:

1) government or local government officer;

2) person recognized as incapacitated or is limited by capable;

3) person having not extinguished or the criminal record which is not removed in the procedure established by the law.

3. The mediator has no right:

1) to be the representative of any party during mediation, and also to be the representative or the defender any of the parties in legal proceedings or in arbitration on dispute, case on offenses and criminal case in which it was mediator;

2) to give to any party of mediation consulting help in the dispute relation if the parties did not agree about other.

Article 10. Termination of the status of mediator

1. The status of mediator stops in cases:

1) loss of abilities;

2) introductions in legal force of conviction of court;

3) the written application about refusal of the status of mediator;

4) mediator death.

2. The decision on the termination of the status of mediator can be appealed judicially.

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