Article 20. Mediation conditions The Law on Mediation

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1. Mediation is carried out by mutual agreement of the parties and upon conclusion of a mediation agreement between them.

2. Mediation in the settlement of disputes arising from civil, labor, family, administrative, and other public relations involving individuals and (or) legal entities can be applied both before going to court and after the start of legal proceedings.

3. Judges and officials of the bodies conducting criminal prosecution may not force the parties to mediation in any form.

4. An invitation to a party to seek mediation may be made at the request of the other party, by a court or a criminal prosecution authority.

5. Mediation begins on the day the parties to the mediation conclude a mediation agreement.

6. If one of the parties has sent a written proposal to apply for mediation and has not received the consent of the other party to apply mediation within ten calendar days from the date of its sending or within another reasonable period specified in the proposal, such proposal shall be considered rejected.

7. The parties shall select one or more mediators by mutual agreement to conduct mediation. If, in the course of civil or criminal proceedings, the parties have decided by mutual agreement to choose another mediator(s), they are obliged to notify the court or the criminal prosecution authority about this.

8. The organization of mediators may recommend the candidacy of a mediator(s) if the parties have sent a corresponding appeal to the specified organization.

9. The terms of mediation shall be determined by the mediation agreement, taking into account the requirements of paragraph 1 of Article 23 and paragraph 4 of Article 24 of this Law.

If mediation is carried out outside the framework of civil, administrative or criminal proceedings, the mediator and the parties must take all possible measures to ensure that the specified procedure is terminated within no more than thirty calendar days. In exceptional cases, due to the complexity of the dispute (conflict) being resolved, with the need to obtain additional information or documents, the mediation period may be extended by agreement of the mediation parties and with the consent of the mediator, but not more than thirty calendar days.

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.

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Republic of Kazakhstan

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