of January 28, 2011 No. 401-IV
About mediation
This Law governs the public relations in the field of the organization of mediation in the Republic of Kazakhstan, determines its principles and the procedure of carrying out, and also the status of mediator.
1. Scope of mediation are the disputes (conflicts) arising from civil, employment, family, administrative legal relationship and other public relations with participation of physical and (or) legal entities, administrative authorities, officials, and also considered in course of production on cases on administrative offenses during criminal trial on cases on criminal offenses, crimes of small and average weight, and also serious crimes in the cases provided by part two of article 68 of the Criminal Code of Kazakhstan if other is not established by the laws of the Republic of Kazakhstan, and the relations arising in case of execution of enforcement proceeding.
2. The procedure of mediation is not applied to disputes (conflicts) arising from the relations specified in Item 1 of this Article if such disputes (conflicts) infringe or can infringe on interests of the third parties who are not participating in the procedure of mediation and persons recognized by court incapacitated or is limited capable, and other cases provided by the laws of the Republic of Kazakhstan.
3. The procedure of mediation to disputes (conflicts) with participation of physical and (or) legal entities when one of the parties is the state body, is applied in the cases provided by the laws of the Republic of Kazakhstan.
4. The procedure of mediation is not applied on criminal cases about corruption crimes and to other crimes against interests of public service and public administration.
In this Law the following basic concepts are used:
1) the agreement on dispute settlement (conflict) - the written agreement of the parties reached by them as a result of mediation;
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