Mediation in the Kyrgyz Republic: the Principle of Voluntariness

This article is devoted to mediation in the Kyrgyz Republic. The article considers the principle of voluntariness as one of the basic principles of the mediation institute. The article indicates that the principle of voluntary mediation is reduced to such aspects as not forcing the parties to settle the dispute through mediation, not forcing the mediator to assist in resolving the dispute through mediation and voluntary fulfillment of the agreements reached by the parties to mediation. It has been established that the legislator in the Kyrgyz Republic reasonably does not provide for the enforcement of a mediation agreement in the basic law on mediation, while providing the parties with other measures to ensure the implementation of its provisions. The article considers the possibility of introducing mandatory mediation in the Kyrgyz Republic in the light of the principle of voluntariness. It is argued that mandatory mediation may contradict the principle of voluntariness, since the parties, by their very nature, freely and consciously choose to participate in mediation to resolve the conflict. If the parties participate in the process against their will, this may reduce their motivation to reach a mutual agreement, which may negatively affect the effectiveness of mediation. Also, the forced participation of the parties in mediation may lead to a formal approach on the part of the participants, which weakens the meaning of mediation as a tool based on goodwill and cooperation.