MEDIATION – A NEED OF MODERN TIMES
Keywords:
mediation institute, principles, civil, criminal procedure, settlement promotion, dispute and conflict resolution, judicial trialAbstract
The legal issues of mediation regulation are considered in this article. The definition, purposes, tasks of the mediation institute, principles, incorporation of the mediation institute into the civil procedure, which contributes foundation and development of the efficient development of the mediation institute in the Republic of Kazakhstan are given as well.
The history of the establishment of the mediation institute in the Republic of Kazakhstan is described.
Analysis of the judicial practice of the mediation institutehad showed that in recent decades mediation has been developing very dynamically and has increasingly perceived by the international community as a universal means of resolving disputes.
Thus, the advantages of the mediation procedure are highlighted, some problem points are touched upon.
In addition, in the process of research of legislative base of the topic, monitoring of legislative acts in the field of mediation was conducted, which showed that with the adoption of the Law of the Republic of Kazakhstan “On Mediation”, a number of legislative acts were amended accordingly.
In this regard, there are examples of the adopted global reforms in the legal sphere: according to which new editions of the Criminal Code and the Criminal Procedure Code, the Civil Procedure Code, and the Administrative Code were adopted.
In the article for the realization of the potential of mediation, it is proposed to consider mediation as an independent type of professional activities, which is to provide qualified assistance to participants in controversial legal relations in resolving the dispute that has arisen between them.