Article 21. Form and content of the mediation agreement The Law on Mediation

Home / RLA / Article 21. Form and content of the mediation agreement The Law on Mediation

1. In case of mutual agreement of the parties to resolve the dispute (conflict) through mediation, a written mediation agreement is drawn up.

The mediator and the parties may exchange signed digital copies of the mediation agreement via e-mail, followed by the presentation of the originals at the request of one of the parties or the mediator.

2. The essential terms of the mediation agreement are:

1) date and place of conclusion of the mediation agreement;

2) the names of the parties to the dispute (conflict), surnames and initials, positions of their representatives, indicating the powers;

3) the subject of the dispute (conflict);

4) information about the mediator(s) who is selected (selected) parties to mediation, about the organization of mediators;

5) the conditions, procedure and amount of expenses related to mediation, and in the case of mediation on a professional basis, remuneration to the mediator(s) for conducting mediation;

6) the language of mediation;

7) the obligation of the parties to confidentiality of mediation and the consequences of non-fulfillment of such obligation;

8) the grounds and scope of responsibility of the mediator(s) involved in the settlement of the dispute (conflict) of the mediation parties for actions (inaction) that have caused damage (losses) to the mediation parties;

9) details of the parties (identification data, place of residence, contact phone numbers);

10) the duration of mediation;

11) mediation procedure;

12) rights and obligations of mediation participants;

13) procedure and grounds for termination of mediation;

14) other conditions determined by the mediator(s) and the parties to the mediation.

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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