We offer the clients mediation services – an alternative form of dispute resolution, with the participation of an independent person – professional mediator.
Mediation means the promotion of a third neutral party to two or more persons in search of an agreement in a disputed or conflict situation.
The scope of application of mediation is disputes (conflicts) arising out from civil, labor, family and other legal relationships involving individuals and (or) legal entities, as well as criminal offenses in the course of criminal proceedings in cases of minor crimes if otherwise is not established by the rules of the Republic of Kazakhstan and relations arising out from the executory process.
The Mediation is conducted on the basis of the following principles:
2) Parties equality;
3) Independence and impartiality of the mediator;
4) Inadmissibility of interference in the mediation procedure;
The Mediation procedure is carried out in stages:
- Before the trial;
- During the course of the case in court, outside the court;
- In the stage of judicial act’s execution;
- During the investigation and inquiry.
The main advantages of mediation:
- Lack of trial costs;
- Time-efficient, in comparison with the resolution of a dispute in court;
- The preservation of the parties’ reputation;
- Confidentiality of the information;
- The decision is made exclusively by the parties in the mediation;
- Under certain conditions, the authorized body does not carry out criminal prosecution of the person who committed the act prohibited by criminal law;
- The return of state fees paid for filling a lawsuit in court, etc.
- Prepares mediation agreement for the parties;
- Coordination with the parties the language, time, place and length of mediation;
- Organizes the negotiation process;
- Explains the goals, principles, rights and obligations of the parties;
- Listens each party, holds meetings with the parties individually and jointly;
- Gives verbal and written recommendations on the resolution of dispute (conflict);
- Helps the parties to find an alternative solution to resolve the dispute (conflict);
- Acts solely with the consent of the parties;
- Prepares an agreement on the settlement of the dispute (conflict);
- The mediator also has other rights and obligations stipulated by the legislation of the Republic of Kazakhstan.
In case of non-compliance with the concluded mediation agreement by the party, the other interested parties have the right to apply to the court with the statement of fulfillment of the obligation under the agreement in a summary proceeding.