According to paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On Mediation", a mediator may be an independent and impartial individual with no vested interest in the outcome of the dispute, selected by mutual agreement of the parties, listed in the register of mediators, and having consented to carry out the duties of a mediator. The mediator should be chosen by the parties to the conflict through mutual consent.

Pursuant to paragraph 4 of Article 9 of the Law of the Republic of Kazakhstan “On Mediation,” the following persons may carry out the activities of a mediator on a professional basis:

1. persons who have a higher education, have reached the age of twenty-five, hold a document (certificate) confirming completion of training under a mediator preparation program approved in the manner determined by the authorized body in the field of mediation, and are included in the Register of Professional Mediators;
2. retired judges who are included in the Register of Retired Judges engaged in professional mediation activities.

Pursuant to paragraph 7 of Article 9 of the Law of the Republic of Kazakhstan “On Mediation,” a person shall not be eligible to act as a mediator if:

• authorized to perform state functions or an equivalent;
• declared by a court, in accordance with the procedure established by law, legally incapacitated or partially incapacitated;
• there is a criminal prosecution being carried out against him/her;
• there is an unexpunged or uncleared criminal record in accordance with the procedure established by law.

A list of professional mediators can be found on the websites of mediators’ organizations that are included in the Register of the authorized body.

The Register of Professional Mediators is published on the official website of the Ministry of Culture and Information of the Republic of Kazakhstan: https://www.gov.kz/memleket/entities/akk/documents/details/795766?lang=ru

In accordance with Article 14 of the Law, the Register of Professional Mediators is published on the website of a mediators’ organization in the state and Russian languages. The Register is updated as new mediators are included. Mediators’ organizations may also publish the Register of Professional Mediators in periodical print publications.

Mediation differs from court proceedings in that it seeks to achieve a mutually beneficial and amicable agreement, satisfying both parties and reducing the level of conflict. Unlike court proceedings, mediation does not involve “guilty” or “innocent” parties. This is because the principles of this area of law focus not on punishing offenders through deprivation of liberty, but on protecting and restoring the rights and freedoms of individuals. In other words, mediation aims, wherever possible, to prevent the matter from going to court.

In court, the parties act against each other, whereas in mediation they cooperate. A judge is appointed, while a mediator is chosen by the parties.

Court proceedings are public, whereas mediation ensures confidentiality, which prevents the mediator from disclosing any information obtained during the process without the consent of the party that provided it. Accordingly, a mediator may not be called as a witness regarding information that became known to them during mediation, except in cases provided for by the laws of the Republic of Kazakhstan.

The parties jointly decide whether to seek the assistance of a mediator. In cases where it is not possible to resolve the issue through this means, they retain the right to resort to the courts.

The parties may also, at their discretion, agree on the location of the mediation and the language to be used during the process. With the consent of the parties, the mediator sets the date and time of the mediation.

Another advantage is the significantly lower costs compared to court proceedings, as well as the time savings. The duration of the mediation is determined by the mediation agreement, taking into account the requirements of paragraph 1 of Article 23 and paragraph 4 of Article 24 of the Law of the Republic of Kazakhstan “On Mediation”.

Where mediation takes place outside the scope of civil, administrative, or criminal proceedings, the mediator and the parties shall take all necessary measures to conclude the procedure within a period not exceeding thirty calendar days. In exceptional circumstances, owing to the complexity of the dispute (conflict) or the necessity to obtain additional information or documents, the mediation period may be extended by mutual agreement of the parties and with the mediator’s consent, provided that such extension does not exceed thirty calendar days.

According to paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan “On Mediation”, mediation applies to disputes (conflicts) arising from civil, labour, family, and other legal relations, the parties to which are natural and/or legal persons.

In this regard:

• if a government agency participates in a dispute as an employer, a contracting party, or another legal entity within the framework of civil-law relations, it is entitled to be a party to a mediation agreement;
• However, if the dispute is of a public-law nature, related to the exercise of state authority by a government agency (control, supervision, tax administration, licensing, etc.), such matters shall not be subject to mediation (paragraph 3 of Article 1 of the Law “On Mediation”).

Thus, a professional mediator is entitled to conclude a mediation agreement involving a government agency only in matters relating to private-law relations.

If a mediator violates the requirements of the Law of the Republic of Kazakhstan “On Mediation”, the parties participating in the mediation procedure may submit a complaint to:

• the mediators’ organization of which the mediator is a member;
• the judicial authorities.

In accordance with the Law of the Republic of Kazakhstan “On Mediation”, mediators’ organizations have the rights to self-governance, independently determine the procedure for maintaining the register, establish internal standards, and oversee the activities of mediators.

• Paragraph 7 of Article 14: Where a mediator breaches the requirements of this Law, the parties involved in the mediation process shall be entitled to file an appropriate complaint with the mediators’ organization. Upon confirmation of the violation, the mediators’ organization shall suspend the mediator’s activities for a period of six months, indicating this in the Register of Professional Mediators.
• Paragraph 8 of Article 14: A decision by a mediators’ organization to deny inclusion, to exclude a mediator from the Register of Professional Mediators, or to suspend the mediator’s professional activities may be challenged before a court.

Matters related to the review of the legality or validity of a specific mediation agreement fall within the exclusive competence of the courts.

In accordance with Article 8-1 of the Law of the Republic of Kazakhstan “On Mediation”, the Ministry of Culture and Information of the Republic of Kazakhstan, as the authorized body, ensures the implementation of state policy in the field of mediation. The Ministry coordinates the activities of mediators’ organizations, ensures the functioning and development of the mediation system, and informs the public about mediators’ organizations, as well as the mechanisms and conditions for applying mediation.

The Register of Mediators’ Organizations is published on the Ministry’s official website, ensuring that the information is accessible to all the interested parties. https://www.gov.kz/memleket/entities/akk/press/events/details/28888?lang=ru

The following documents must be submitted for the inclusion of a mediators’ organization in the Register:

1. Charter of an organization - an official document confirming the structure and activities of an organization.
2. The notification of commencement of activities of a self-regulatory organization (pursuant to Article 13 of the Law of the Republic of Kazakhstan No. 401-IV as of January 28, 2011 “On Mediation”, which defines a mediators’ organization as a self-regulatory organization established voluntarily by mediators to provide material, organizational, legal, and other conditions for the delivery of mediation services) serves to confirm that the organization is duly registered as a self-regulatory organization.
3. The Register of Professional Mediators is a list of the organization’s members, confirming their status as mediators and their professional qualifications.