The Role of The Notary in The Conclusion of a Mediation Agreement
Abstract
This article examines the role of the notary in the conclusion and certification of mediation agreements, with particular reference to the legal system of the Republic of Uzbekistan. The study proceeds from the premise that the preventive function of the notariat — the avoidance of legal disputes before they arise — is conceptually continuous with mediation as a method of extrajudicial dispute resolution. Drawing on the Law "On Mediation" and on the amended Law "On the Notariat", which since 20 October 2025 expressly permits notaries to act as mediators, the article analyses the form, content and enforceability of mediation agreements. It identifies a doctrinal tension between the notary's preventive mission and the statutory prohibition on notarial intermediation, and compares the position in Uzbekistan with German and Russian practice. Particular attention is devoted to family and succession disputes, to mediation clauses in marriage contracts, and to the prospects opened by electronic notarial practice.
Keywords
Downloads
References
- Masadikov, Sh. M. (2008) The Essence of Mediation and the Problems of Its Legal Regulation in the Republic of Uzbekistan: Abstract of the dissertation for the degree of Candidate of Legal Sciences. Tashkent. 16 p. [in Russian]
- Markova, N. V. (2021) 'The Role of the Notary in the Conclusion of a Mediation Agreement', Novyy Yuridicheskiy Vestnik, No. 9 (33), pp. 65–69. Available at: https://moluch.ru/th/9/archive/210/6699 [in Russian]
- Efimova, T. V. (2020) 'Practical Aspects of the Notarial Certification of Mediation Agreements', Notarialnyy Vestnik, No. 9, pp. 26–35. [in Russian]
- Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Available at: http://base.garant.ru/2568236/
- European Code of Conduct for Mediators (developed by an initiative group of practising mediators with the support of the European Commission and adopted at a conference in Brussels, 2004). Supplement to the journal Mediatsiya i Pravo. Posrednichestvo i Primireniye, 2007, No. 2, pp. 14–15. [in Russian]
- Efimova, T. V. (2024) Mediation in Notarial Activity: Theoretical and Applied Problems: Abstract of the dissertation for the degree of Candidate of Legal Sciences. Yekaterinburg. 14 p. [in Russian]
- Ralko, V. V. and Fomin, V. A. 'The Notariat in the Prevention and Resolution of Legal Conflicts', in Notarial Mediation, p. 133. [in Russian]
- Efimova, T. V. (2023) 'Practical Questions of the Notarial Certification of Mediation Agreements Concluded in Disputes between Spouses', Notarialnyy Vestnik, No. 2, pp. 47–56. [in Russian]
- Normative Legal Acts
- Civil Code of the Republic of Uzbekistan (Part One) of 21 December 1995.
- Civil Procedure Code, Economic Procedure Code and Code of Administrative Court Procedure of the Republic of Uzbekistan.
- Law of the Republic of Uzbekistan No. 343-I of 26 December 1996 'On the Notariat'.
- Law of the Republic of Uzbekistan No. ZRU-482 of 3 July 2018 'On Mediation'.
- Law of the Republic of Uzbekistan No. ZRU-1089 of 20 October 2025 amending and supplementing the Law 'On the Notariat' (Article 61¹).
- Law of the Republic of Uzbekistan 'On the Enforcement of Judicial Acts and Acts of Other Bodies'.
- Code of Professional Ethics of Notaries of the Republic of Uzbekistan.
- Federal Notarial Code of the Federal Republic of Germany (Bundesnotarordnung) of 24 February 1961.