MEDIATION IN THE REGULATION OF INTER-NATIONAL AND INTERRELIGIOUS CONFLICTS

Authors

  • Marianna Ivanovna Dyachuk
  • Assiya Sultanovna Kozhabekova

Keywords:

Ethnic conflict, media practice, society, State, regulation, arbitrage practice, conflict resolution culture, socio-economic, cultural languag, historical, interfaith and interethnic conflict, mediation, conflict resolution

Abstract

This article deals with the legal regulation of mediation.The article gives the concept, goals, objectives of the institution of mediation, principles, implementation of the institution of mediation, which contribute to the creation and development in the Republic of Kazakhstan of an effective institution of mediation.

Describes the history of the establishment of the institution of mediation in the Republic of Kazakhstan made a sociological analysis of the potential of mediation in the regulation of interethnic conflicts. It substantiates that the modern type of mediation can be viewed as an independent sociocultural phenomenon, a synonym for the modern type of mediation can be considered the concept of “legal mediation”. The starting point of the study is the idea that mediation in the modern sense is a phenomenon of low context culture that is at that level of civilized development, which involves a dialogue of interests mediated by a legal institution, which, in turn, is supported by state power with a monopoly of force and coercion.

In the article, mediation is considered in a broad sense — it is a historical, established and evolving, complex sociocultural phenomenon, which to some extent is reflected in various cultures from ancient times to the present day. The determining factor here is the presence and special role of the mediator in the implementation of the negotiation process. The modern type of mediation can be viewed as an independent sociocultural phenomenon, the notion of “legal mediation” can be considered a synonym for the modern type of mediation. However, in modern society, natural, in some cases, extra-institutional forms of mediation coexist, which complement the modern type of mediation

Published

30.06.2019

How to Cite

Dyachuk . М. И., & Kozhabekova . А. С. (2019). MEDIATION IN THE REGULATION OF INTER-NATIONAL AND INTERRELIGIOUS CONFLICTS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/355