Mediation in the context of international law

In modern conditions of globalization, active international cooperation, the complication of trade, economic, cultural, interethnic and other relations, the procedure for alternative disputes is in demand in the international arena, and entire international mediation institutions have been created for this.

International law practically does not undergo significant changes, expanding only on the basis of people's ability to interact within the framework of transcendental relations, neglecting the use of the principles of sovereignty. This is especially true when it comes to peoples or other groups, which, as a rule, are not considered independent states. These groups often lack resources and authorities to protect themselves from negative discourses, which makes them vulnerable to multiple power abuses by larger participants. In international law, compliance with procedural modifications is not given the same meaning as in some other areas of law.

The International Mediation Institute (IMI) is the only international organization that is developing global professional standards for mediators, lawyers and other negotiations and disputes involved in the collaborative processes of negotiations. IMI goals: promoting and promoting the use of mediation on an international scale; creation of infrastructure to ensure quality, including certification, among mediators; creating opportunities for teaching mediators; providing public for independent mediation information; the performance of a leading role in matters of policy related to mediation; establishing contacts and providing support to mediative organizations of a similar profile; Support for associations in the field of international mediation and ARS.

UNCITRAL (United Nations Commission on International Trade Law) is an organization established by the UN General Assembly in 1966 in order to eliminate differences between legislation of different countries in the field of international trade and investment activities, and widely used to eliminate international trade and investment activities of media procedures.

The European Association of Judges in Support for Mediation (Gemme), founded in 2003, united the judges of the Member States of the European Union and the Member States of the European Free Trade Association, including Switzerland, Liechtenstein, Norway and Iceland, which use judicial mediation as an alternative method of dispute resolution. The purpose of the association is to maintain and improve existing mediative practice in EU and East Member States; exchange of information and experience in the field of alternative methods for resolving disputes between these countries; The introduction of specialists and citizens to mediation, as well as assistance to judges engaged in support for mediation.

In 2002, the UN General Assembly was recommended by the standard law of UNCITRAL "On International Commercial Conciliation", which is important for the development of the Institute of Mediation. This typical law is aimed at resolving disputes with the participation of an intermediary in international commercial relations, it is noted in paragraph 21 that although this regulatory act is intended to resolve international commercial disputes, states can expand the scope of its application before consideration of internal and some non-profit disputes.

In international law, mediation is legally enshrined in the standard law on international commercial conciliatory procedures (Model Lawon International Commercial Conciliation), which served as the basis for adoption on June 2, 2004 in Brussel of the European Code of the Rules of Mediaters recommended for the EU (EUPEAN CODEOF CONDUCTFOR MEDIATORS "). The European Union is actively unifying legal norms regulating the procedure for resolving conflicts through mediation. The European Parliament and the Council on May 21, 2008 adopted the Directive of 2008/52 regarding some aspects of mediation in civil and commercial affairs. The Directive obliged the EU member states until May 21, 2011. Enter the laws, norms and administrative rules that would ensure the simplification of the access of the EU citizens to resolve disputes by mediation, which provides an effective cost and rapid extra -court permission.

Thus, we see that mediation as an alternative way of resolving conflicts in modern conditions is an urgent necessity and an effective mechanism not only of disputes, but also an effective way of their timely prevention.

Foreign practice shows that mediation is effective only if both sides are interested in resolving the conflict. The decision to stop the dispute on certain conditions here is made by the parties themselves, the mediator is not endowed with such authority, its main task is to maintain or ensure mutual understanding between conflicting, to bring them a consensus.

The main advantages of mediation, in our opinion, are the opportunity to reduce the burden on the judicial authorities, save finances, the time and emotional forces of participants in the dispute, find a constructive solution, and the real situation is confidentiality.

Chief Specialist of the Department

of State Protection of Users

Rights Financial Services

      and Entrepreneurs' Rights

Radjabov Bekhruz