Article 27. Agreement on the settlement of a dispute (conflict) The Law on Mediation

Home / Laws / Article 27. Agreement on the settlement of a dispute (conflict) The Law on Mediation

1. An agreement on the settlement of a dispute (conflict) reached by the parties to mediation during mediation shall be concluded in writing and signed by the parties.

An agreement on the settlement of a dispute (conflict) is also legally binding if the parties have exchanged signed digital copies of the agreement via e-mail without further presentation of the originals to each other.

2. An agreement on the settlement of a dispute (conflict) must contain information on the date and place of conclusion, the parties to mediation, their representatives, the subject of the dispute (conflict), the mediator (mediators), as well as the obligations agreed by the parties, the methods and timing of their execution and the consequences of their non-fulfillment or improper execution.

The agreement on the settlement of the dispute (conflict) must be signed by the mediator(s).

3. An agreement on the settlement of a dispute (conflict) is subject to voluntary execution by the parties to mediation in accordance with the procedure and terms stipulated by this agreement.

4. An agreement on the settlement of a dispute (conflict) concluded before the case is considered in court is a transaction aimed at establishing, changing or terminating the rights and obligations of the parties. In case of non-fulfillment or improper fulfillment of such an agreement, the mediation party that violated the agreement is liable in accordance with the procedure established by the laws of the Republic of Kazakhstan.

5. An agreement on the settlement of a dispute (conflict) reached by the parties during mediation in the course of civil or administrative proceedings is immediately sent to the judge in charge of the case. An agreement on the settlement of a dispute (conflict) is approved by the court in accordance with the procedure established by the Civil Procedure Code of the Republic of Kazakhstan and the Administrative Procedural Procedure Code of the Republic of Kazakhstan.

At the same time, the paid state duty is subject to refund to the payer in accordance with the procedure provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code).

6. An agreement on the settlement of a dispute (conflict) reached by the parties during mediation during criminal proceedings is an agreement on the settlement of a dispute (conflict) by making amends for the harm caused to the victim and reconciling the person who committed the criminal offense with the victim.

Mediation in cases of administrative offenses is an agreement on the settlement of a dispute (conflict) through reconciliation of the parties.

7. The said agreement is immediately sent to the body conducting the criminal proceedings in which the criminal case is being conducted, and in cases provided for by the Criminal Procedure Code of the Republic of Kazakhstan, it is a circumstance that excludes or allows not to carry out criminal prosecution.

7-1. An agreement on the settlement of a dispute (conflict) on the division of property or the pledge of property is the basis for the state registration of rights to immovable property and (or) registration of the pledge of movable property in accordance with the legislation of the Republic of Kazakhstan.

8. The agreement on the settlement of the conflict comes into force on the day of its signing by the parties.

9. In case of non-fulfillment of the agreement on dispute settlement (conflict), the interested party has the right to apply to the court in accordance with the rules established by the procedural legislation 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

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