FEATURES OF THE LEGAL STATUS AND ACTIVITIES OF A MEDIATOR IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The problem of alternative dispute resolution in Kazakhstan at a new stage of development is a very complex, large-scale and interdisciplinary issue.

As methods of resolving disputes, alternative procedures can be defined as a form of extrajudicial protection of rights that has arisen and is actively used today in all economically developed countries of the world. Alternative methods of dispute resolution, such as negotiations, mediation, and participatory procedures, are enshrined in the Law, but they have not become widespread in practice yet.

Among them, the most pressing issue of the legal regulation of mediation is the determination of the legal status of the mediator. Because the mediator is an important, central subject of conciliation procedures. A mediator (translated from Latin medius - middle, center; Latin mediator - intermediary) is a specialist invited to influence and assist in resolving conflicts that have arisen between people and organizations and require resolution through the mediation procedure. The mediator does not express his opinion and views on the methods of resolving the dispute, on the process and does not make decisions on the dispute. This helps the disputing parties reach a mutually acceptable solution. The effectiveness of alternative methods of conflict resolution largely depends on the level of qualifications of the mediator.

In this regard, the article analyzes the legal status and features of the activities of the mediator as the central figure of mediation. The article provides a comparative overview of the legal status of the mediator and the features of mediation procedures in accordance with the laws of the USA, Germany, Georgia, etc. An attempt is made to identify legal and practical problems and ways to solve them related to the legal status of the mediator.