ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
83
IMPORTANCE OF MEDIATION IN FAMILY DISPUTES
Tojieva Muborakkhon Anvarovna
Independent Researcher Higher School of
Judges under the Supreme Council of
Judges of the Republic of Uzbekistan
https://doi.org/10.5281/zenodo.12621061
Annotation:
this article examines the peculiarities of the application of mediation to
disputes arising from family legal relations, the peculiarities of the procedural
nature, the advantages of dispute resolution in court and the experience of
foreign countries in this regard, gaps in national legislation and ways to improve
them.
Key words:
mediation, mediator, mediation agreement, family mediator,
mediation parties, mediation agreement.
Many people today still believe that the court is the most successful means
of resolving family disputes in a divorce situation. Disputes arise in cases of
division of the rights to custody and upbringing of children, division of monetary
assets, debts, property. Divorce disputes often take on adversarial forms.
In many civilized countries, divorce has become a multi-billion dollar
industry, where lawyers are the first to get rich. The lack of humane effective
laws focused on married couples, as well as the obligatory mediation in family
disputes, makes spouses and their children victims of the process. Thus, the
"divorce industry" absorbs money that could be spent on the education,
treatment and recreation of children and spouses. So far, the classic divorce
process in court only injures all its participants. In many countries of the world
mediation technology has already shown its effectiveness.
Approved by the decree of the president of the Republic of Uzbekistan No.
PF-4947 " 2017 — One of the five priorities outlined in the «strategy of action on
the five priority areas of development of the Republic of Uzbekistan in 2021" is
to strengthen the guarantees of the genuine independence of the judiciary and
reliable protection of citizens ' rights and freedoms, improve the effectiveness of
the system of administrative, criminal, civil and economic legislation, combating
crime and-further reform of the legal system [1].
Paragraph 2.2 of the strategy establishes" timely resolution of citizens '
appeals, ensuring the inevitability of liability for allowing cases of censorship,
formality and negligence in the consideration of Appeals, as well as taking all the
necessary measures to restore violated rights, as well as improving the
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effectiveness and quality of the implementation of Justice, improving the
processual foundations of civil judicial proceedings, improving the procedure for
— In 2021, paragraph 79 of the strategy of action on the five priority areas of
development of the Republic of Uzbekistan provides for the development of the
draft law of the Republic of Uzbekistan "on reconciliation processes
(mediation)". In order to perform these tasks, the law of the Republic of
Uzbekistan "on Mediation", adopted on July 3, 2018, entered into force on
January 1, 2019. At the same time, on December 29, 2018, The Order of the
Minister of Justice No. 533-MX "on approval of the procedure for the formation
and conduct of the Register of professional mediators" was adopted.
The use of the mediation Institute in dispute resolution is one of the top
priorities for the development of the judicial system, which serves to reduce the
burden on judges, thereby improving the quality of National Justice, reducing the
time and financial costs of the parties. Mediation is widely used in the resolution
of disputes arising from civil-legal relations, Labor, family and other legal
relations associated with the implementation of entrepreneurial activity. That
being said, family mediation is one of the types of mediation that is common
abroad.
Mediation is an inexpensive, less time-consuming conflict resolution
process than litigation, while at the same time dealing with emotional upheaval
and trauma. Family mediation places the responsibility for settling the dispute
on the spouses, encourages them to independently decide on the further
development of relations.
Mediation is a specially organized dialogue between the parties in which
they can jointly come to a solution to the problem. With the participation of a
mediator, each of the parties has the opportunity to hear each other and better
understand the subject of the dispute, their interests and needs.
The mediation model involves the participation of a third neutral party in
the conflict in building a space for confidential negotiations. The main goal of the
mediator is, guided by the principle of neutrality, to help the parties reach a
mutually acceptable agreement. Responsibility for the content and execution of
the agreement belongs to the parties. In mediation, it becomes possible to
establish interaction between the parties in such a way that the root causes of
the conflict can be explored.
Family mediation provides parties with a wide range of options to resolve
their family disputes in an independent and organized manner. The nature of
family conflict is an organic side of our daily life and relationships at home, at
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
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work, at school, in a team. We spend a significant portion of our lives in conflict
of one kind or another.
Mediation is the solution of the conflicting parties' problem in a way that is
acceptable and more effective for them is the way. A study of his social
achievements conducted by K.E. The advantages of Gafner mediation about "...in
contrast to the court procedure, the parties show their positive activity in the
mediation process and this situation is the same for both of them It is
characterized by benefiting in time" puts forward the point of view[2].
Disputes related to civil and family relations are settled on the basis of the
mediation procedure Instead, judges work in civil court cases leads to a
significant decrease in size. Regulations of foreign countries in this field
including in legal documents, Malaysian mediation in act [3] , in the Finnish
Mediation Act [4] (Act on Mediation in Labor Disputes) civil legal mediation
derived from relationships and family relationships showing that it should be
used in resolving disputes passed. Also, this procedure is reflected in the
legislation of several countries aimed at regulating the mediation procedure.
The most common of family disputes and more complicated are divorce
cases. Divorce is a very stressful and emotionally draining process, and
unfortunately, many couples who choose to divorce understand the role and
importance of mediation in easing the divorce process they ignore, and the
consequences are dire
Complications, enmity and prolonged separation can lead to the region.
Article 40 of the Family Code of our country The procedure for separation
from marriage is determined by the court, and the divorce proceedings are
handled by the court by a claim in the Civil Procedure Code considering the
procedure established to resolve the issues is removed In this case, the court
adjourned the hearing of the case and gave the husband and wife up to six
months to reconcile. entitled to appointment. The court must notify the
Conciliation Commission at the couple's place of cohabitation in writing no later
than three days before the couple can take appropriate steps to reconcile if they
are not living together.
It seems to us that in family relationships, it is better to give to the parties
lying in conflict so that they understand each other, rather than artificially
reducing the so Ni, in which there is nothing to do with the subject of the dispute
it is advisable to use the mediator service of a non-third party. This allows the
parties to realize their mistakes and shortcomings, to resolve the circumstances
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that caused the dispute quickly and through a solution acceptable to both
parties.
In summary, In this regard, it is necessary to include in the legislation a
certain norms. In particular, it is advisable to fill out the second part of Article 40
of the family code bi land in the sentence "the court has the right to postpone the
appearance of the case and appoint a couple up to six months to reconcile and
apply a mandatory mediation procedure for this period".
It is important for a family mediator to adhere to the main ethical obligation –
the guarantee of a safe and fair process.
References:
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Ўзбекистон Республикаси Президентининг 2016 йил 7 февралдаги
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стратегияси тўғрисида”ги ПФ-сонли 4947-сон Фармони // Ўзбекистон
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степени кандидата социологических наук. Санкт-Петербург 2019. – С. 3
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12.08.2019).
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