Kyrgyzstan introduces mandatory pre-trial dispute resolution mechanism

Sadyr Zhaparov signed the Law ‘On Mediation,’ which aims to introduce a full-fledged mediation institution into the national legal system as a mandatory pre-trial and extrajudicial tool for a number of categories of civil and criminal cases. The document was adopted by the Jogorku Kenesh on 25 September.

The law aims to develop a culture of peaceful conflict resolution, reduce the burden on the courts, strengthen public trust and increase social stability.

Thus, the adopted law provides for:

The designation of an authorised state body. It is responsible for formulating and implementing policy in the field of mediation, developing subordinate legislation, monitoring law enforcement practices, maintaining a Unified State Register of Mediators and informing the public.

Mandatory mediation meeting before going to court. For certain categories of cases, citizens will have to meet with a mediator to assess the possibility of resolving the dispute without going to court.

Creation of the Chamber of Mediators of the Kyrgyz Republic. The new body will be a unified professional community of mediators with mandatory membership and principles of self-governance and self-financing.

Standards for mediator training:

• basic training of at least 80 hours at the Training Centre of the Chamber of Mediators;
• mandatory annual professional development of at least 16 hours.

The law provides for mediation procedures to be conducted in digital format, either in whole or in part, and for the creation of mediation centres, which will be established by two or more mediators and operate as legal entities.

Legal guarantees for mediation agreements:

• the agreement is recognised as a civil law transaction;
• a notarised agreement is given the status of an enforceable document;
• agreements on the transfer of ownership of real estate are recognised as title-establishing documents.

The law comes into force 15 days after its official publication. The exception is part 6 of Article 27, concerning certain organisational provisions, which will come into force on 1 January 2027.