Historical development and application features of the mediation institute

Abstract

Mediation is one of the alternative, out-of-court, means of dispute resolution (ADR) along with negotiations, participatory procedure, arbitration, etc. The principles of the mediation procedure contribute to its attractiveness. In addition, by reducing the workload of judicial bodies through weeding out disputes on which mutual agreement is achievable, this institution promotes the creation of an optimal legal culture, protection of rights and legitimate interests enshrined in the Constitution of the Republic of Azerbaijan (AR) and other normative legal acts.

Mediation is aimed at elimination of the conflict and resolution of the dispute relying on the mutual interests of the participants in the process and through the mediation of an independent and disinterested third party, mediator. The presence of the interest of all parties to the disputed legal relationship determines the high efficiency of the procedure, and the voluntary execution of the agreement reached.

The institute of mediation is relatively new to the legal system of Azerbaijan. The adoption of the Law "On Mediation" of the Republic of Azerbaijan on March 29, 2019, necessitates the introduction of appropriate amendments to a number of regulatory legal acts of the Republic to ensure their unity and interconnection. The article presents an analysis of mediation as a form of alternative dispute resolution, some provisions of the law "On Mediation" related to its application, as well as the historical development of the institute.