Article 10. The rights and obligations of the mediator of the Mediation Law

Home / RLA / Article 10. The rights and obligations of the mediator of the Mediation Law

1. The mediator has the right:

1) during mediation, hold meetings with both all parties simultaneously and with each of the parties separately and receive information from the parties about the dispute (conflict) itself to the extent necessary and sufficient for mediation;

2) to inform the public about the implementation of their activities (number, duration, effectiveness) in compliance with the principle of confidentiality;

3) refuse to conduct mediation if, in his opinion, further efforts in the process of its conduct will not lead to a resolution of the dispute (conflict) between the parties, or terminate mediation with the written consent of the parties.

2. The mediator must:

1) when conducting mediation, act only with the consent of the mediation parties;

2) before the mediation begins, explain to the parties to the mediation its goals and principles, the procedure for conducting it, the rights and obligations of the parties and the mediator, the procedure and legal consequences of concluding an agreement on the settlement of a dispute (conflict) through mediation;

3) to assist the parties in the consistent exchange of documents, information and communications on the issues under discussion;

4) inform the mediation parties about their professional experience and competence;

5) terminate mediation in the event of a conflict between the mediator's personal interests and his duties, which may affect his impartiality and independence during mediation, as well as in the presence of other circumstances that exclude his participation or require termination of his participation in mediation;

6) regularly improve their professional level according to the mediation training program according to the rules determined by the Government of the Republic of Kazakhstan.

3. The mediator is not entitled to provide any party with legal, advisory or other assistance.

4. The mediator also has other rights and obligations, as well as responsibility provided for by the laws of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 28, 2011 No. 401-IV.

This Law regulates public relations in the field of mediation in the Republic of Kazakhstan, defines its principles and procedure, as well as the status of the mediator.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases