Farrukh Bobozhonov, Master of the Faculty of Law of Samarkand State University named after Sharaf Rashidov, is conducting a scientific study on the topic “Mediation and mediation approach in advocacy”.

    - In our scientific research, we analyzed the implementation of mediation activities by a lawyer on a professional basis, that is, an officially recognized person to provide qualified legal assistance, - says Farrukh Bobozhonov. -We studied the effectiveness of mediation in the implementation of the alternative dispute resolution procedure.

    The researcher also tried to legally justify the need for a comprehensive study of the views of scientists on this topic, the norms of the legislation of foreign countries and national legislation, existing theoretical and practical problems, as well as the participation of a lawyer in the mediation process, the benefits of acting as a mediator.

    The country is consistently working to improve the dialogue between state bodies and the population, ensure reliable protection of the rights and freedoms of citizens and introduce modern mechanisms for solving their problems.

    At the same time, the current stage of reforms in this area requires the creation of a unified system of pre-trial dispute resolution in state bodies, the transformation of mediation, arbitration courts and international arbitrations into effective alternative dispute resolution institutions that are trusted by citizens and entrepreneurs.

    Mediation is a negotiation process used in conflict and difficult situations, as well as an alternative method of out-of-court dispute resolution, the main purpose of which is to find ways to reach agreement between the parties. A positive change in the mindset of the parties in this process is also the key to a successful mediation.

    Everyone has the right to protect their rights and freedoms by all means not prohibited by law. Article 116 of the Constitution of the Republic of Uzbekistan guarantees the right of every person to receive qualified legal assistance. The bar operates to provide legal assistance to citizens, enterprises, institutions and organizations. This is the legal basis for the use of the institution of mediation in advocacy in the Republic of Uzbekistan.

    Creating an open space for out-of-court discussion of contentious issues that arise among citizens, reducing the amount of work accumulated in the courts, introducing a new system of pre-trial dispute resolution in state bodies, creating modern alternative dispute resolution institutions are the requirements of today.

 

Samarkand State University

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