Article 9. Requirements for mediators of the Mediation Law

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1. A mediator may be an independent, impartial individual who is not interested in the outcome of the case, selected by mutual agreement of the parties to the mediation, included in the register of mediators and who has consented to perform the function of mediator.

2. The mediator's activity can be carried out both on a professional basis (professional mediator) and on a voluntary basis (public mediator).

3. The mediator's activities may be carried out on a voluntary basis:

1) persons who have reached the age of forty and are on the register of public mediators;

2) judges when conducting conciliation procedures in court in accordance with the Civil Procedure Code of the Republic of Kazakhstan and the Administrative Procedural Procedure Code of the Republic of Kazakhstan.

4. The mediator's activities can be carried out on a professional basis:

1) persons with higher education who have reached the age of twenty-five, who have a document (certificate) confirming that they have completed training in a mediation training program approved in accordance with the procedure determined by the authorized body in the field of mediation, and who are on the register of professional mediators;

2) retired judges who are on the register of retired judges who carry out the activities of a mediator on a professional basis.

5. The mediator's activity is not an entrepreneurial activity.

6. Persons engaged in the activity of a mediator may also carry out any other activity not prohibited by the legislation of the Republic of Kazakhstan.

7. A mediator cannot be a person:

1) authorized to perform state functions and equivalent to it;

2) recognized by the court as legally incompetent or with limited legal capacity in accordance with the procedure established by law;

3) in respect of which criminal prosecution is being carried out;

4) having a criminal record that has not been expunged or removed in accordance with the procedure established by law.

8. By agreement of the mediation parties, additional requirements may be established for the mediator.

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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