Organisation Internationale de Droit du Développement

Commercial Mediation in Tajikistan

The judiciary in Tajikistan, despite ongoing structural reform, continues to suffer from limited financing and capacity. Mediation could dramatically ease the burden of judges and the formal courts, but there is currently no law on mediation in the country. The concept is strongly linked to peace building and community conflict resolution rather than an alternative dispute resolution mechanism as mediation was introduced to resolve post-conflict situations after Tajikistan’s civil war. However, despite the lack of a formal legal framework for mediation, there is a clear demand from the government, the business community and civil society to establish mediation to more efficiently resolve commercial conflicts.

IDLO is supporting the Government of Tajikistan in establishing, promoting and facilitating the use of commercial mediation with the aim of making it a cultural and business norm in the country. IDLO will produce a report on the context and needs of the justice sector, relevant public agencies, businesses and civil society in Tajikistan. The report will identify the steps needed to establish an efficient mediation institution in Tajikistan and ensure the sustainability of mediation mechanisms. IDLO will also assist the Government in the legislative drafting process of a mediation law. Finally, IDLO will conduct public consultations to discuss the report findings and recommendations with key stakeholders, ensuring participation of women to the extent possible. The consultations will serve as a platform for introducing commercial mediation to the Tajik public.