The Evolution of Mediation in Central Asia: The Perspective of the European Bank for Reconstruction and Development

Abstract

The contents of this publication reflect the opinions of individu-al authors and do not necessarily reflect the views of the ebrd. Terms and names used in this chapter to refer to geographical or other territories, political and economic groupings and units, do not constitute and should not be construed as constituting an express or implied position, endorsement, acceptance or expression of opinion by the ebrd or its members concerning the status of any country, territory, grouping and unit, or delimitation of its bor-ders, or sovereignty. Abstract The practice of mediation dates back to very ancient times and was part of early Ro-man law. Mediators existed in many cultures, and often overlapped with the roles of traditional wise men and tribal chiefs. The settlement of disputes through mediation is also part of Confucian and Buddhist history in the belief that conflicts must be resolved peacefully to maintain the natural harmony of life and avoid losing respect of others. Although mediation, as a formal process for alternative dispute resolution, was more recently developed in Anglo Saxon countries and is now increasingly widespread in common law jurisdictions, it is equally suitable for countries with civil law traditions. This chapter considers the practice of mediation in Central Asia, specifically the Commonwealth of Independent States countries, and reports on the European Bank for Reconstruction and Development’s support for the development of mediation in that region. There is a perception that countries are less receptive to mediation than other countries because of their post-Soviet legacy, although the legal traditions of these countries include a number of out-of-court resolution mechanisms similar to mediation, even during