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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2011 No. 401-IV

About mediation

(as amended on 20-12-2021)

This Law governs the public relations in the sphere of the organization of mediation in the Republic of Kazakhstan, determines its principles and the procedure of carrying out, and also the status of mediator.

Chapter 1. General provisions

Article 1. Scope of mediation

1. Scope of mediation are the disputes (conflicts) arising from civil, employment, family, administrative legal relationship and other public relations with participation of physical and (or) legal entities, administrative authorities, officials, and also considered in course of production on cases on administrative offenses during criminal trial on cases on criminal offenses, crimes of small and average weight, and also serious crimes in the cases provided by part two of article 68 of the Criminal Code of Kazakhstan if other is not established by the laws of the Republic of Kazakhstan, and the relations arising in case of execution of enforcement proceeding.

2. The procedure of mediation is not applied to disputes (conflicts) arising from the relations specified in Item 1 of this Article if such disputes (conflicts) infringe or can infringe on interests of the third parties who are not participating in the procedure of mediation and persons recognized by court incapacitated or is limited capable, and other cases provided by the laws of the Republic of Kazakhstan.

3. The procedure of mediation to disputes (conflicts) with participation of physical and (or) legal entities when one of the parties is the state body, is applied in the cases provided by the laws of the Republic of Kazakhstan.

4. The procedure of mediation is not applied on criminal cases about corruption crimes and to other crimes against interests of public service and public administration.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the agreement on dispute settlement (conflict) - the written agreement of the parties reached by them as a result of mediation;

2) mediator - the impartial physical person involved by the parties for carrying out mediation on professional basis or the public beginnings according to requirements of this Law;

3) association (union) of mediators - the organization created for the purpose of coordination of organization activity of mediators and also for protection of their rights and legitimate interests;

3-1) participants of mediation - mediator and the parties of mediation, person who by agreement of the parties of mediation are involved in the procedure of mediation, including representatives, translators, experts, specialists and other persons;

4) the organizations of mediators - the non-profit organizations created for consolidation of mediators on voluntary basis for achievement of the common goals by them on development of mediation which are not contradicting the legislation of the Republic of Kazakhstan;

5) mediation - the procedure of dispute settlement (conflict) between the parties with assistance of mediator (mediators) for the purpose of achievement of the mutually acceptable decision by them realized in the voluntary consent of the parties;

5-1) invitation to the procedure of mediation - activities of mediator and (or) one of the parties of dispute (conflict) before agreement signature about mediation by the invitation of other party to the procedure of mediation;

5-2) authorized body in the sphere of mediation (further - authorized body) - the central executive body enabling the realization of state policy and state regulation of activities in the sphere of mediation;

6) the parties of mediation - physical persons and legal entities or groups of persons, administrative authorities, the officials participating in the procedure of mediation;

7) the agreement on mediation - the written agreement of the parties signed with mediator for the purpose of the dispute resolution (conflict) prior to mediation.

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