Conciliation is the main task of the Mediator

21 Friday May, 2010 – A roundtable meeting on current issues on application of conciliatory procedures (or mediation) took place in Astana today. Public attention has been drawn to the draft law developed by Kazakhstani layers and practitioners with the support of UNICEF and UNDP Kazakhstan. Mediation is one of the alternative dispute settlements providing the conflicting parties an opportunity to avoid lengthy and costly court procedures. It helps to come to a peaceful settlement with the help of the mediator. Today’s agenda includes issues on adequate reflection of the current mediation practice in the law as well as its dissemination. Opportunities of the mediation should be widely known by the public and the Law on Mediation can solve this issue.

One of the terms of the mediation is a voluntary and mutual will of the parties. At the same time, the parties may refuse from the mediation and go to the court at any time. The mediator should be impartial, independent and neutral from the parties, and should not have any favorable attitude. Confidentiality is another advantage of the mediation.

Review of international experience and his recommendations, as well as overview of mediation practice in the CIS countries has presented UNDP expert, President of the Ukrainian Center of Concord, an experienced mediator, Roman Koval. Perspectives for mediation in Kazakhstan have been presented by M Suleimenov, Chairman of the Kazakhstan International Arbitration, Director of Private Law Scientific Institute under the Kazakh State Law University, Academician of Kazakhstan National Academy of Sciences. The meeting participants raised issues of organization, training, certification and accreditation of future mediators. Recommendations proposed by the roundtable participants will be taken into account by the working group drafting the law.

The event was organized by the Supreme Court of Kazakhstan, Union of Judges of Kazakhstan and UNDP Kazakhstan. The meeting was held within the joint Supreme Court and UNDP project "Transparency and Access to Information and Justice in Kazakhstan".