Mediation is an opportunity for the parties involved in the conflict to independently come to a mutually beneficial solution using the knowledge and experience of a mediator – a professional or public mediator, based on the principles of voluntary participation in the procedure, impartiality and neutrality on the part of the mediator, confidentiality, transparency, acceptance and respect of the parties by the mediator and the parties to each other. Mediation in world practice, and since 2011 officially in Kazakhstan, is a procedure and scope of activity for pre-trial settlement of disputes, a technology for alternative dispute resolution. The meaning of mediation, its traditions in our country stem partly from the Kazakh Khanate, where there was an institution of biys, courts of biys (from the 15th-16th centuries to the 19th century), separate provisions on the peaceful settlement of disputes were applied. Partly in Soviet times, some institutions close in meaning to mediation were used (for example, comrades' courts). But the full introduction of mediation in Kazakhstan was made only in the 2000s, regulated by law since 2011. At the same time, unlike countries with a developed legal system, so far mediation in Kazakhstan is used much less frequently.
THE ROLE OF THE MEDIATION INSTITUTE IN THE HISTORY OF KAZAKHSTAN
Published December 2023
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83
Abstract
Language
English
How to Cite
[1]
Кенжебекова, Ж. and Мусабалина 2023. THE ROLE OF THE MEDIATION INSTITUTE IN THE HISTORY OF KAZAKHSTAN. Bulletin of Abai KazNPU. Series of Historical and social-political sciences. 4, 79 (Dec. 2023). DOI:https://doi.org/10.51889/2959-6017.2023.79.4.035.