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Медиаторы в Казахстане

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In the dispute settlement area, in addition to lawyer, judge, and prosecutor, there is also a mediator. To Kazakhstan’s legislation, this is a rather new phenomenon. In this article, we will tell who is mediator, who can be mediator, what requirements there are to mediator, and what rights and responsibilities he/she has.   

Who is mediator?

Mediator does not replace the judge. He/she offers individuals and legal entities a less expensive alternative means of settling conflicts. Mediator is a professional intermediary not associated with judicial system and not being a judge’s assistant. To mediator citizens apply on their own for settling a conflict. He/she in turn helps the parties find a solution in the course of discussing their conflict. Mediator is an independent individual attracted by parties to perform mediation on a professional and non-professional basis in line with Law. Mediator’s services are rendered on a paid basis, with fee being defined as agreed by the parties.

Mediator’s mission

A mediator shall:

  • organize the negotiation process (explain the parties’ aims, rights and responsibilities)
  • hears each party (meetings: individual/joint ones)
  • examine the situation through questions, not persuading
  • not give advice and not disclose another party’s information
  • control the mediation process (using frame and refraiming)
  • help the parties find an alternative option for settling the conflict
  • analyze/verify the suggested settlement options for their being real
  • prepare the agreement which becomes compulsory to the dispute parties after being signed.

Mediator’s rights and responsibilities

According to the Code, mediator shall have the right to:

  1. Review the information provided to the mediation parties by the authority that handles the criminal proceeding.
  2. Review the details on the criminal procedure parties that are parties to mediation;
  3. Meet with criminal procedure parties, face to face and confidentially, with no limitations as to the number of meetings and duration thereof, in compliance with the code of criminal procedure.
  4. Help the parties in concluding the agreement on achieving reconciliation.
  5. With the parties’ consent, exercise the mediation procedure from the point of registration of appeal on criminal offence and at the subsequent stages to the judgment’s entry into legal force.

Mediator shall be obliged to:

  1. Act solely with the mediation parties’ consent in performing mediation.
  2. Prior to start of mediation, explain to the parties to mediation the objectives thereof, as well as the parties’ rights and responsibilities;
  3. Not disclose the information that has become known to him/her in connection with performing the mediation procedure.

Who may be a mediator in the RoK?

Who cannot be a mediator

Is a mediator obliged to pay taxes?

Where mediators are trained


Последнее изменение: 18.03.2017


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