Mediators in Kazakhstan Printable versionLast update: 27.11.2020
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.
A mediator shall:
- organizes the negotiation process (clarifies the goals, rights and obligations of the parties);
- hears each side (meetings: individual/joint);
- examines the situation through questions, not convinces;
- does not advise and does not transmit the information of the other party;
- controls the process of mediation (uses a frame, reframing);
- helps the parties find an alternative solution to the conflict;
- analyzes (verifies) the proposed solutions to the reality.
Mediator’s rights and responsibilities
According to the Code, mediator shall have the right to:
- To get acquainted with the information provided to the parties to mediation by the body conducting the criminal proceedings.
- To get acquainted with the data on participants in the criminal process who are parties to mediation;
- To meet with participants in criminal proceedings who are parties to mediation, alone and confidentially, without limiting the number and duration of meetings in accordance with the criminal procedure law;
- To assist the parties in concluding an agreement on reconciliation in mediation;
- The mediator has the right, with the consent of the parties, to carry out the mediation procedure from the moment of registration of the application and the report on the criminal offense and at the subsequent stages of the criminal process before the sentence enters into legal force;
- During the mediation, to hold meetings both with all parties simultaneously and with each of the parties separately and provide them with oral and written recommendations on resolving the dispute (conflict);
- To inform the public about the implementation of its activities in accordance with the principle of confidentiality.
Mediator shall be obliged to:
- Act solely with the mediation parties’ consent in performing mediation.
- Prior to start of mediation, explain to the parties to mediation the objectives thereof, as well as the parties’ rights and responsibilities;
- Not disclose the information that has become known to him/her in connection with performing the mediation procedure.
Who can be a mediator in the RoK?
Who cannot be a mediator
Is a mediator obliged to pay taxes?
Where mediators are trained