MEDIATION IN KAZAKHSTAN – YES OR NO?

WHAT IS GOOD TO KNOW ABOUT MEDIATED DISPUTE RESOLUTION?

Sometimes a contentious issues arise in the course of business activities. In particular, such situations indicate violated rights and obligations of individuals and legal entities as a result of the conclusion of a standard / low-quality agreement or an unscrupulous counterparty. Most people/companies whose rights have been violated seek protection from judicial or law enforcement agencies. Or they try to resolve the issue on their own through arbitrariness, which can lead to negative or even criminal consequences and losses. At the same time, a simpler and more economical way to resolve a dispute is often overlooked – resolving controversial situations through pre-trial dispute resolution – mediation.

What is mediation? This is a procedure for resolving disputes by a third independent party – a Mediator. The main task of the mediation procedure in the Republic of Kazakhstan is to bring the parties to a compromise, as a result of which the parties will come to a successful resolution of the dispute. However, competent legal support is critically important for the successful conclusion of a mediation agreement in Kazakhstan, when an experienced lawyer can explain to the parties to the conflict all the consequences of certain decisions from a legislative point of view. The mediation process is reminiscent of an exciting game of chess, in which both parties will be able to clearly understand their prospects for further aggravation of the conflict situation and direct efforts to find a compromise solution.

Can every lawyer be a mediator? There is a clear answer to this question – no. A mediator, in addition to good qualifications, must have a certificate confirming training in a mediator training program, approved in the manner determined by the Government of the Republic of Kazakhstan, and be on the register of professional mediators. Sometimes a mediator may not have a professional certificate; such a mediator has the status of a non-professional mediator and must be included in the register of non-professional mediators, where he can enter, subject to other conditions, only after turning 40 years old.

ADVANTAGES OF CONDUCTING MEDIATION AND CONCLUSION OF A MEDIATORY AGREEMENT IN KAZAKHSTAN:

• Saving of time: quick resolution of conflict situations. Resolving a dispute through mediation can take from several days to several weeks, which is several times faster than resolving a dispute in court, which takes from several months to several years;
• Significant cost savings. As practice shows, the mediation procedure takes significantly less time; therefore, there is no need to hire lawyers or representatives to protect rights in court. Moreover, the services of a licensed mediator are much cheaper than the services of a good lawyer with a lawyer’s license.
• Unlike public hearings of cases by courts, the mediation procedure is completely confidential. Any evidence used during the mediation procedure will remain confidential and cannot be disclosed.
• Beneficial outcome for all parties. Unlike a trial, the parties usually come to a common denominator that will be most beneficial for each of the parties, since in the process the winner and loser of the dispute will not be determined, but there will only be mutual agreement on resolving the conflict that has arisen.
• Coordination of the negotiation process. Compared to the judicial process, the parties have a significantly greater say in the negotiations, which makes it possible to coordinate the negotiation process both by the parties themselves and by the mediator. A great option to fully speak up, be heard and have the opportunity to influence the outcome.

FChain lawyers have the necessary qualifications and experience for mediation resolution of disputes of any complexity with subsequent official registration of the mediation agreement. Our team of professionals offers you a wide range of services aimed at resolving conflict situations with the counterparty through the mediation procedure and the subsequent conclusion of a mediation agreement.

CHOOSING MEDIATION SERVICES FROM FCHAIN YOU WILL RECIEVE:

• Professional legal advice and assistance with individual approach
• A fair decision based on an agreement between the parties
• Signed and registered mediation agreement if registration is required
• A large amount of time and money saved
• Flexible schedule for the mediation procedure, convenient for all parties to the conflict
• High quality service at an adequate cost

Do you have a controversial situation and don’t know what to do? Are you planning to sue an unscrupulous counterparty, but not sure of the outcome of the case? Leave a request at almaty@f-chain.com, we will definitely help in disputes of any complexity!