Compliance certificates

Mediation is an out-of-court settlement of disputes, chosen by the parties on a voluntary basis to achieve certain goals.

According to the Law of the Republic of Kazakhstan “On Mediation,” the mediator, i.e. an independent individual who is involved by the parties to conduct mediation on a professional and unprofessional basis in accordance with the requirements of this Law (Article 9), is entitled to provide this service

General provisions of the Law are as follows:

1. goals of mediation are to achieve an out-of-court settlement of disputes that suits both parties and to reduce the level of conflict between the parties (Article 3 of the Law);
2. use of mediation is allowed in the settlement of disputes (conflicts) arising from civil, labor, family and other legal relations involving individuals and (or) legal entities;
3. during criminal proceedings, mediation can be used to achieve a conciliation procedure between the accused (defendant) and the victim in cases of crimes of small and medium gravity, unless otherwise provided by the laws of the Republic of Kazakhstan;

Mediation in the settlement of conflict situations arising from civil, labor, family and other legal relations involving individuals and (or) legal entities can be applied both before applying to court, and after the start of the court proceeding.

The goals of mediation are:

   1) achieving the option of resolving a dispute (conflict) that suits both parties;

   2) a decrease in the level of conflict between the parties.

Participants are not entitled to disclose information that has become known to them during mediation without the written permission of the party that provided this information.

A mediator may not be questioned as a witness about information that became known to him during the settlement of the conflict, with the exception of cases provided by the laws of the Republic of Kazakhstan.

Mediation is based on the principles of:

1) voluntariness;

2) equal rights of the parties;

3) independence and impartiality of the mediator;

4) inadmissibility of interference in the dispute settlement process;

5) confidentiality.

  EXPERT Entrepreneurs Service Center provides mediation services in Almaty. Our experts will help you both in the pre-trial settlement of disputes and in disputes that have arisen after the start of the court proceeding.