The Institute of Conciliation Procedures plays an important role in economic proceedings of the Republic of Uzbekistan. Today, concluding a settlement and mediation agreement is one of the most optimal ways to resolve a dispute^[1]. Conciliation procedures are carried out exclusively on the principles of reciprocity, agreement and voluntariness ^[2]. In order to achieve reconciliation in a legal dispute, the will of both parties is necessary, but if one of the parties does not express a desire for reconciliation, conciliation procedures are considered impossible. Considering that conciliation procedures are dispositive in nature, the court does not have the right to force the parties to conclude a settlement or mediation agreement. However, in the history of Germany there were times when the use of pre-trial dispute resolution in the form of conciliation procedures was considered mandatory^[3]. This, in turn, caused a strong outcry in Germany, as it significantly delayed the trial and resolution of the dispute. It is impossible to say that this practice became unsuccessful, but subsequently, due to unnecessary formalities, the obligation to conduct mediation before the first instance was canceled. Today in Germany, mediation depends solely on the will of the parties.

 The legal regulation of mediation on the territory of the Republic of Uzbekistan is regulated by the following legal acts: Economic Procedural Code of the Republic of Uzbekistan, Law of the Republic of Uzbekistan dated July 3, 2018 No. 482 “On Mediation”.

In accordance with the Economic Procedural Code of the Republic of Uzbekistan, the court takes all possible measures to reconcile the parties, and also assists in resolving the dispute at all stages of economic proceedings. During the trial, the judge explains the benefits of resolving the dispute peacefully, proposing the conclusion of a settlement or mediation agreement^[4]. In addition, the conclusion of a mediation agreement entails the return of the paid state fee, since the application will be left without consideration.

If we consider the differences between a settlement agreement and a mediation agreement, then the legislation of the Republic of Uzbekistan provides a definition of these two concepts. The Plenum of the Supreme Economic Court of the Republic of Uzbekistan “On some issues of the application of procedural legislation by economic courts when approving a settlement agreement” defines a settlement agreement as a written agreement of the parties to resolve a dispute, aimed at achieving certainty regarding the claim, based on mutual concessions^[5]. The mediation agreement, in turn, is reflected in the separate Law of the Republic of Uzbekistan “On Mediation”; according to this definition, a mediation agreement is an agreement between the parties to mediation, reached as a result of the use of mediation.

Comparing these two definitions, we can say that they are quite similar to each other, but there is a clear line between concluding a mediation agreement and concluding a settlement agreement^[6]. In order to conclude a mediation agreement, as a rule, a separate process, called mediation, begins with the assistance of a specially authorized person — a mediator. This person facilitates the resolution of the dispute on the basis of mutual concessions and obtaining benefits and benefits for both parties^[7]. The services of professional mediators are paid for by the parties themselves. The process of concluding a settlement agreement is different in that there is no special person who will facilitate concessions. During the trial, the judge invites the parties to enter into a settlement agreement, therefore the parties themselves agree on mutual concessions and simplification of the trial for both parties^[8].

An important difference is also the moment of concluding conciliation procedures. The Economic Procedural Code of the Republic of Uzbekistan indicates that the conclusion of a settlement agreement is possible at all stages of economic proceedings^[9]. However, the conclusion of a mediation agreement is possible only at the first instance before the court retires to a separate (deliberative) room to adopt a judicial act. When the same dispute is considered at subsequent levels, the mediation process becomes impossible. That is why the state fee is returned only upon concluding a mediation agreement, due to the impossibility of drawing it up after the decision of the court of first instance^[10].

In the Republic of Uzbekistan there is a specially approved program (course) for the training of professional mediators. These training courses are organized by the Center for Advanced Training of Lawyers under the Ministry of Justice of the Republic of Uzbekistan. The basic mediator training course is designed for one month of preparation, and upon completion of the course, participants will receive certificates and will be included in the Register of Professional Mediators^[11]. But the legislation does not provide for a mandatory procedure for taking a special course in mediation, since the Law on Mediation allows you to engage in this activity also on a non-professional basis. Persons wishing to engage in non-professional mediation must be over 25 years of age and agree to perform the duties of a mediator. It follows that any person over 25 years of age has the right to be a mediator if the parties voluntarily choose this person as a mediator. In our opinion, persons who do not have a legal education, and especially those who have not completed a special course on training mediators, cannot fully study the dispute and effectively carry out their activities in order to achieve high results in resolving the dispute^[12].

 In the Republic of Uzbekistan, especially in economic processes, the practice of attracting entrepreneurs as mediators is actively developing. Considering that experienced entrepreneurs have knowledge in the field of business, the parties to the dispute expect that this person will be able to fully calculate the risks of both parties and help resolve the dispute in favor of both parties^[13]. This practice is not considered effective, since even entrepreneurs cannot foresee all future risks of the enterprise in the legal aspect. That is why we believe that legislation should introduce a mandatory norm requiring higher legal education for mediators.

In the Federal Republic of Germany there is a Mediation Act of the same name. Compared to the law of the Republic of Uzbekistan, this legal act is more concise and concise, as it consists of 9 paragraphs. But despite this, the German Law provides identical requirements for a mediator. Just like in the Republic of Uzbekistan, mediators in Germany do not need to have a higher legal education or be a qualified lawyer^[14]. In addition, German legislation does not provide for the mandatory completion of special courses and certification of mediators, which is why mediators in Germany conduct their activities without restrictions, since there are no regulatory requirements for the certification of mediators in Germany.

Many scientists believe that the reason for the incompleteness and brevity of the German Mediation Law is the influence of the European Union, namely the international obligation on the timing of the implementation of the European Union Directive^[15].

Summarizing all of the above and comparing the legal institution of mediation in two democratic states, we can say that the regulatory framework for conducting mediation in economic disputes is quite similar. Despite the fact that the German Federal Law is more concise, its content defines the same rules as the Law of the Republic of Uzbekistan. This is expressed by the fact that mediation is dispositive in nature and its implementation depends solely on the will of the plaintiff and defendant (their representatives). For the subsequent development of this legal institution, it is necessary to introduce imperative norms into the law in the form of mandatory mediation in some economic disputes, as well as the introduction of new requirements for mediators.

[1] Масадиков Ш. М. Перспективы медиации как альтернативного способа разрешения гражданско-правовых споров в Узбекистане //Третейский суд. – 2010. – №. 3. – С. 140-146.

[2] Ибратова Ф. Б., Ташбаева Т. А. МЕДИАТИВНОЕ СОГЛАШЕНИЕ ПО ТРУДОВОМУ СПОРУ: ТЕОРИЯ И ПРАКТИКА //International journal of professional science. – 2022. – №. 10. – С. 27-34.

[3] Рустамбеков И. Сущность и особенности медиации //Обзор законодательства Узбекистана. – 2019. – №. 1. – С. 84-86.

[4] МАРИПОВА С. Меҳнат низоларни ҳал этишда медиация институтининг аҳамияти (назария ва амалиёт) //Юрист ахборотномаси. – 2021. – Т. 2. – №. 1. – С. 132-138.

[5] https://lex.uz/docs/2026265

[6] Boboqulovna I. F., Orif o’g’li R. B. MEDIATSIYA–OILAVIY NIZOLARNI HAL ETISHNING MUQOBIL USULI SIFATIDA //SCIENTIFIC ASPECTS AND TRENDS IN THE FIELD OF SCIENTIFIC RESEARCH. – 2022. – Т. 1. – №. 4. – С. 80-85.

[7] Boboqulovna I. F. et al. NIZOLARNI MUQOBIL HAL QILISH USULI SIFATIDA MEDIATSIYANI HAKAMLIK SUDLARIDA QOʼLLASHNING OʼZIGA XOS AHAMIYATI //INTERDISCIPLINE INNOVATION AND SCIENTIFIC RESEARCH CONFERENCE. – 2023. – Т. 1. – №. 9. – С. 88-95.

[8] Babakulovna I. F. The Role and Importance of the Principle of Voluntariness in the Process of Mediation in the Settlement of Disputes in Uzbekistan //Interdisciplinary Conference of Young Scholars in Social Sciences (USA). – 2021. – С. 308-315.

[9] Ибратова Ф., Миркамилова М., Каршиева Ф. Значение, роль и сущность медиации в экономических спорах //International journal of professional science. – 2022. – №. 4. – С. 11-17.

[10] Ибратова Ф. Б., Ташбаева Т. А. МЕДИАТИВНОЕ СОГЛАШЕНИЕ ПО ТРУДОВОМУ СПОРУ: ТЕОРИЯ И ПРАКТИКА //International journal of professional science. – 2022. – №. 10. – С. 27-34.

[11] Ибратова Ф. и др. ПРАВОВЫЕ ВОПРОСЫ СУДЕБНЫХ СИСТЕМ ЗАРУБЕЖНЫХ СТРАН ЯПОНИИ, ФИНЛЯНДИИ И ГЕРМАНИИ (СРАВНЕНИЕ С СУДЕБНОЙ СИСТЕМОЙ РЕСПУБЛИКИ УЗБЕКИСТАН) //International journal of professional science. – 2022. – №. 10. – С. 20-26.

[12] Babakulovna I. F., Ibratova F. B., Yerkebayeva Z. A. Mediation as an alternative way to resolution of economic disputes. – 2023.

[13] Бабакуловна ИФ, Ибратова ФБ, Еркебаева Ж. А. Медиация как альтернативный способ разрешения экономических споров //Редакция.

[14] Дадмирзаева Д. ОСОБЕННОСТИ ПРОЦЕДУРЫ МЕДИАЦИИ В РЕСПУБЛИКЕ УЗБЕКИСТАН //International journal of scientific researchers (IJSR) INDEXING. – 2023. – Т. 3. – №. 2.

[15] Якубова Д. Ш. ПРАВОВЫЕ ОСНОВЫ РЕГУЛИРОВАНИЯ ИНСТИТУТА МЕДИАЦИИ В РЕСПУБЛИКЕ УЗБЕКИСТАН //НАУЧНАЯ МЫСЛЬ XXI ВЕКА. – 2020. – С. 50-53.