Mediation is an important anti-corruption toolPosted by: admin | Posted on: Апрель 8, 2019
The law on Mediation, has recently been adopted by the Parliament and signed by the President. Adoption of such law may, in addition to other direct impacts, can be one of the most important tools for indirectly eliminating corruption. Thus, the parties involved in the mediation process will seek to find a compromise, with the help of an independent mediator, rather than to win. This factor minimizes the risk of any corruption deal during the process.
As a legal concept, Mediation is a process defined by this law in the settlement of disputes arising between the parties by means of mediator (mediators) on the basis of reciprocity. Mediation is aimed at reducing the level of conflict between the parties and ensuring that the dispute is resolved in a manner that will satisfy them.
The scope of the law includes disputes arising out of civil and economic disputes (including disputes with foreign elements), family, labor and administrative law relations, as well as cases involving criminal cases and administrative offenses.
So, what is the difference and advantage of mediation in comparison with the traditional methods of dispute resolution? In this case, difference can be observed base on several criteria:
Accessibility. Thus, during the settlement of any dispute, the mediator makes decision not only based on the provisions of the law, but also takes into account the interests of the parties, moral norms, ethics and personal experience. At the same time, the lack of procedural rules creates comfortable psychological conditions for the parties, which creates the atmosphere of mutual trust and cooperation.
Operativeness. Unlike the judicial solution to disputes, the mediation will be implemented in short period of time, and will not take long time because of the document circulation and complicated procedural norms. According to the draft law, the total duration of the mediation process can last up to 30 days. Given the complexity of the dispute, the process can be prolonged for another 30 days by agreement between the parties. During mediation process, parties applying to the mediator for settlement of the dispute are usually interested finding effective and mutually beneficial solution and do their best to close the case as soon as possible.
Productivity. Mediation is eventually distinct its productivity. So, during mediation, the mediator endeavors to make sure that both parties ultimately agree with the final decision, not the absolute victory of one of the parties. The key issue here is to work on a constructive, consensus-based settlement of the disputes. The reconciliation agreement obtained as a result of the mediation process shall be in writing. Mediation expenditures of any party that does not have sufficient means are paid at the expense of the state budget.
Economic efficiency. Mediator’s services can be both paid and free. But in any case in the world practice, settlement of the disputes in court is usually more expensive than mediation. Here, the parties are saving not only money but also valuable time.
Effectiveness. By using alternative methods in the mediation process distinct with its flexibility, the parties achieve the optimal resolution of their disputes. It is generally accepted in the world practice that the agreement reached during the reconciliation process is more effective than the execution of the court decisions.
According to the law, the Mediation Council including mediation organizations, mediators and mediation training bodies as members, will be established in order to implement regulation and control in the sphere of mediation.
It should be clearly stated that mediation should be created to help, rather than compete with the court. Because mediation will reduce the workload of the courts and solution of cases in the proceedings will be accelerated. The person meeting with the mediator will finally voluntarily decide whether to use the services of the mediator or the court.
With regard to the perspective of application of the Mediation Institute, we should note that the mediation institute is fully considered an institution of the Azerbaijani mentality. In Azerbaijan, people have historically been and continue to be rely on the rich experience of elders for peaceful and fair settlement of disputes arising in the labor, family, economic and other relations.