Azerbaijan

Introducing Alternative Dispute Resolution mechanisms

LOCATION

Azerbaijan

SERVICE TYPE

ADR Technical Assistance; ADR Training; Assessment & Analysis

PROJECT TIMELINE

October 2019 – April 2021

STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF AZERBAIJAN IN INTRODUCING ALTERNATIVE DISPUTE RESOLUTION MECHANISMS AND PROVISION OF LEGAL AID SERVICES TO THE POPULATION

Azerbaijan is a post-Soviet country and since gaining its independence it has been reforming its legislation and judiciary to meet the demands of free market and to integrate into the global economy.

Mediation is one of the alternative dispute resolution mechanisms whereby parties attempt to settle their disputes with the assistance of an intermediary. In addition to benefits to private parties, the mediation is also very helpful for states in order to improve efficiency of judiciary and bailiff services, to increase public satisfaction with court system, to contribute to public peace and to enhance investment climate. Before the current year, mediation was barley practiced in Azerbaijan as mean to resolve legal disputes.

Appreciating the importance of mediation for business community, the President of the Republic of Azerbaijan approved a Presidential Decree on “Strategic Roadmap on National Economy and Major Industries of Economy” which distinguishes the importance of mediation among alternative dispute resolution mechanisms for small and medium businesses.

In such context, this Project (FWC BENEF 2018 LOT 3, Request for Services 2019/408349/1) was launched, with the overall objective to improve access to justice for citizens and business through strengthened capacity of the Ministry of Justice in introducing ADR mechanisms and improved legal aid policy and provision. As leading ADR provider worldwide, ADR Center was selected for the project as subcontractor of Expertise Advisors SAS, member of a Consortium led by ICE.

SELECT ACTIVITIES

The specific objectives and related services of this contract implemented by ADR Center are as follows:

To develop policy framework on ADR, in accordance with existing national legislation and European best practices
To establish a pool of ADR national trainers (through ToT) and practitioners established accredited and trained, mediation training system and system of mediation targeted education of the justice stakeholders
To support provision of ADR in all forms of disputes in the regions, including through Court piloting
To educate business owners and the general public on the merits of alternative dispute resolution mechanisms over the court process
To conduct mapping of existing ADR practices and providers in Azerbaijan regarding all forms of disputes.
To conduct legal research on adjudication of small claims and repetitive cases in accordance with the EU best practices, as well as on the type of court non-judicial tasks that could be transferred to other professions
To provide primary and secondary legal aid support to the businesses and population, with primary focus on vulnerable groups.

SELECT RESULTS

(To be provided at the Project conclusion.)

CLIENT

Ministry of Justice of the Republic of Azerbaijan

FUNDING ORGANIZATION: European Commission