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Settlement of a dispute by mediation Printable version

Last update: 27.11.2020

What does mediation mean?

The term “mediation” is derived from Latin word “mediare” which means intercede.

Mediation is a new form of alternative settlement of disputes with participation of the third, neutral party, not interested in the conflict between the sides. The third party becomes mediator who helps the sides of the dispute or trial come to some agreement with the parties controlling the process of making decision to settle a dispute and conditions of the decision.

Mediation can be implemented in disputes in civil, labour, family and other legal relations as well as moderately severe criminal cases. With the active use of mediation of citizens and legal entities the pressure on court system can be significantly relieved thereby improving the quality of solution of massive cases.  According to international statistics 30-40% of all disputes go through the mediation procedure, and 85% of these cases achieved positive results.

In Kazakhstan the Law “On mediation” entered into force on the 5th of August, 2011. The law regulates public relations in the sphere of mediation in the Republic of Kazakhstan, determines it’s principals and the procedure as well as the status of mediator.

The main principles of mediation 

  • Voluntariness;
  • Confidentiality;
  • Respect;
  • Equality of participants;
  • Impartiality and neutrality;
  • Transparency.

What is the difference between the mediation and court trial?

What can be considered in the frames of mediation?

The first step to the intercede trial

Registration of professional mediators

 

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