IDLO
Generating momentum for commercial mediation in Eastern Europe and Central Asia
As the COVID-19 outbreak shook small and mediumsized businesses and disrupted the work of the judiciary throughout the world, the advantages of mediation came to the fore, and several Eastern European and Central Asian countries requested assistance to build, or strengthen, commercial mediation mechanisms. In response, IDLO, has worked throughout 2020 to promote commercial mediation in the region and build momentum for its expansion. As with other alternative dispute resolution mechanisms, mediation can often be faster and more flexible than formal justice processes. A wellfunctioning mediation process helps divert at least some of the cases from the commercial courts, alleviating case backlogs and improving efficiency. As a result, mediation as a valid alternative for resolving commercial disputes has been gaining ground and is increasingly being adopted in many countries, with the support of regional and international organizations. Countries in the region are at different stages of using mediation to resolve commercial disputes, but all recognize the need to create mediation mechanisms that contribute to improving the business environment.
709
In Moldova, 709 cases were submitted for mediation in 2019, compared to 277 in 2017.2
183
In Kyrgyzstan, of the 183 people included in the national register of mediators, 121 are women and 62 are men.
“Mediation is a flexible procedure compared to court proceedings. During mediation, non-conventional solutions can be achieved, which satisfies the disputing parties. The court proceedings are also psychologically stressful and formal, which can affect the disputing parties.” Manzura Rustamova, Director of the Mediation Center in Tajikistan
In 2020, IDLO provided support for capacity building in the area of mediation in Kyrgyzstan, Moldova, Montenegro, Serbia and Tajikistan.
Joel Heard / Unsplash
21
