Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

Manshuk Kalshabayeva1, Spatay Sartayev2, Dinara Tursynkulova3, Kairat Balabiyev4 & Ulan Abdykadyr5

https://doi.org/10.62271/pjc.16.3.435.450

Abstract
The purpose of the paper is to study foreign experience in regulating the mediation procedure. Notable among the methods employed are logical analysis, dogmatic, formal legal, legal hermeneutics, deduction, synthesis, and other methods. In the course of the research, the institute of mediation was considered: the concept was studied, the role in the modern world was highlighted, its inherent features and principles of implementation were identified. The legislative base of the Republic of Kazakhstan and a number of foreign states was studied, which made it possible to highlight certain features. A comparative legal analysis of the foreign experience of the mediation procedure was carried out, in particular, the experience of the USA, Great Britain, Germany and France. The findings offer solutions to issues that will improve Kazakhstan’s mediation procedure law enforcement.

Keywords: Legal institution; Conciliation procedure; foreign experience; Comparative analysis; Level of application.