Mediation in post-Soviet countries: reality or illusion?

Fidana Alieva Kyrgyz Republic

Mediation as a form of dispute resolution emerged in post-Soviet countries in the early 2000s. Although mediation developed differently in each country there are similarities and common challenges. Mediation is critical to post-soviet countries in terms of judicial reform development and strengthening the legal system and harmonization of socio-economic relations. The article provides a brief overview of mediation developments challenges and future prospects in ten post-Soviet countries including Azerbaijan Belarus Georgia Kazakhstan Kyrgyz Republic Lithuania Russia Tajikistan Ukraine and Uzbekistan.

Most of the post-soviet countries focused on implementing mediation legislation and mediation institutionalization reckoning on boosting demand for it. Ukraine was the only country to test mediation thoroughly before being regulated and spent decades on evidence-based empirical research. Mediation is mostly utilized in family matters. Cross-border family mediation is needed due to the high number of mixed marriages in related countries. Both court-annexed mediation and out of court mediation are utilized in these countries.

The paper sheds light on challenges that mediators from former Soviet countries encounter such as counter-productive government and...

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