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РецензированоEN2017

this article examines the peculiarities of the application of mediation to disputes arising from family legal relations, the peculiarities of the procedural nature, the advantages of dispute resolution in court and the experience of foreign countries in this regard, gaps in national legislation and ways to improve them

Tojieva Muborakkhon Anvarovna

Академические исследования в современной науке · 2017

Аннотация

this article examines the peculiarities of the application of mediation to disputes arising from family legal relations, the peculiarities of the procedural nature, the advantages of dispute resolution in court and the experience of foreign countries in this regard, gaps in national legislation and ways to improve them. Key words: mediation, mediator, mediation agreement, family mediator, mediation parties, mediation agreement. Many people today still believe that the court is the most successful means of resolving family disputes in a divorce situation. Disputes arise in cases of division of the rights to custody and upbringing of children, division of monetary assets, debts, property. Divorce disputes often take on adversarial forms. In many civilized countries, divorce has become a multi-billion dollar industry, where lawyers are the first to get rich. The lack of humane effective laws focused on married couples, as well as the obligatory mediation in family disputes, makes spouses and their children victims of the process. Thus, the "divorce industry" absorbs money that could be spent on the education, treatment and recreation of children and spouses. So far, the classic divorce process in court only injures all its participants. In many countries of the world mediation technology has already shown its effectiveness. Approved by the decree of the president of the Republic of Uzbekistan No. PF-4947 " 2017 — One of the five priorities outlined in the «strategy of action on the five priority areas of development of the Republic of Uzbekistan in 2021" is to strengthen the guarantees of the genuine independence of the judiciary and reliable protection of citizens ' rights and freedoms, improve the effectiveness of the system of administrative, criminal, civil and economic legislation, combating crime and-further reform of the legal system [1]. Paragraph 2.2 of the strategy establishes" timely resolution of citizens ' appeals, ensuring the inevitability of liability for allowing cases of censorship, formality and negligence in the consideration of Appeals, as well as taking all the necessary measures to restore violated rights, as well as improving the 83 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference effectiveness and quality of the implementation of Justice, improving the processual foundations of civil judicial proceedings, improving the procedure for — In 2021, paragraph 79 of the strategy of action on the five priority areas of development of the Republic of Uzbekistan provides for the development of the draft law of the Republic of Uzbekistan "on reconciliation processes (mediation)". In order to perform these tasks, the law of the Republic of Uzbekistan "on Mediation", adopted on July 3, 2018, entered into force on January 1, 2019. At the same time, on December 29, 2018, The Order of the Minister of Justice No. 533-MX "on approval of the procedure for the formation and conduct of the Register of professional mediators" was adopted. The use of the mediation Institute in dispute resolution is one of the top priorities for the development of the judicial system, which serves to reduce the burden on judges, thereby improving the quality of National Justice, reducing the time and financial costs of the parties. Mediation is widely used in the resolution of disputes arising from civil-legal relations, Labor, family and other legal relations associated with the implementation of entrepreneurial activity. That being said, family mediation is one of the types of mediation that is common abroad. Mediation is an inexpensive, less time-consuming conflict resolution process than litigation, while at the same time dealing with emotional upheaval and trauma. Family mediation places the responsibility for settling the dispute on the spouses, encourages them to independently decide on the further development of relations. Mediation is a specially organized dialogue between the parties in which they can jointly come to a solution to the problem. With the participation of a mediator, each of the parties has the opportunity to hear each other and better understand the subject of the dispute, their interests and needs. The mediation model involves the participation of a third neutral party in the conflict in building a space for confidential negotiations. The main goal of the mediator is, guided by the principle of neutrality, to help the parties reach a mutually acceptable agreement. Responsibility for the content and execution of the agreement belongs to the parties. In mediation, it becomes possible to establish interaction between the parties in such a way that the root causes of the conflict can be explored. Family mediation provides parties with a wide range of options to resolve their family disputes in an independent and organized manner. The nature of family conflict is an organic side of our daily life and relationships at home, at 84 ACADEMIC RESEARCH IN MODERN SCIENCE Internation

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Узбекистан
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mediation, mediator, mediation agreement, family mediator, personal pronouns, reported speech, possessives, direct speech, indirect speech, syntactic units, use of conjunctions., personal pronoun changes, verb tense adaptation, author’s words
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