How Mediation Works
Step by step: from the first enquiry to a signed final settlement agreement — in person or online on the portal.
Mediation is a voluntary and confidential procedure in which a neutral intermediary helps the parties to a dispute find a solution that works for everyone. Below we describe the stages of the procedure, who is responsible for what and which documents are drawn up. The procedure for mediation in Kazakhstan is governed by the Law of the Republic of Kazakhstan "On Mediation", while the possibility of reconciliation in cases already before the court is provided for by the procedural codes.
Who takes part in mediation
- The parties — the individuals or organisations between whom the dispute has arisen. They are the ones who make the final decision; no agreement is possible without their consent.
- The mediator — a neutral intermediary. The mediator organises the negotiations, ensures that the rules are followed and helps the parties articulate their interests and possible solutions, but does not make decisions and does not represent either party.
- Representatives of the parties — lawyers, for example. They may take part if the parties have agreed to it.
Stages of the procedure
Stage 1. Choosing a mediator
Open the registry and filter specialists by city, type of mediation, language and organisation. A mediator's personal page shows their specialisation, languages, the cities where they work and their confirmed membership in an organisation. The "Verified" badge means that the mediator's documents have been checked, and next to it you can see exactly what has been confirmed. Pay attention to the category: professional and community mediators are listed separately.
Stage 2. Application
If the mediator offers online processing, you can submit an application directly on the portal: briefly describe the substance of the dispute and specify the other party and your preferred language. The application can be sent to several mediators at once — it will be assigned to whoever accepts it first. If the mediator does not offer online processing, contact them using the public contact details on their page.
Stage 3. Inviting the other party
Once the mediator has accepted the application, the other party receives an invitation. Participation in mediation is always voluntary: the other party decides for itself whether to agree. On the portal, it confirms its participation through its own account.
Stage 4. Mediation agreement
The mediator prepares the mediation agreement. It specifies the parties, the type of mediation, the subject matter of the dispute, the time frame for the procedure, the mediator's fee and the payment terms. First, each party reviews and accepts the terms, and only once all participants have accepted them is the agreement signed with an e-signature.
Stage 5. Negotiations
The mediator holds meetings — joint or separate, in person or online. At the first meeting the mediator explains the rules; the parties then set out their positions, after which the mediator helps identify the interests behind those positions and works with the parties to find possible solutions. The number of meetings depends on the complexity of the dispute and on what the parties agree.
Stage 6. Final settlement agreement
If the parties reach a solution, the mediator draws up a settlement agreement. It records who undertakes to do what, by when and in what manner. The settlement agreement is likewise first accepted by each party and then signed by all participants with an e-signature. If no agreement can be reached, the procedure ends without a settlement, and the parties retain all other means of protecting their rights.
Stage 7. Performance of the agreement
The parties perform the settlement agreement voluntarily, in the manner and within the time limits it sets out. That is why it is important to word the terms precisely: amounts, dates, and the ways in which property or money is to be transferred. If the mediation was conducted in a case pending before a court, further steps with the settlement agreement are governed by procedural legislation — check them with the mediator or your representative.
Online or in person: what is the difference
In substance the procedure is the same: the same principles, the same role of the mediator, the same documents. The difference lies in how the paperwork is handled. In online mediation, the application, the mediation agreement and the settlement agreement are drawn up on the portal and signed with an e-signature: on a computer via NCALayer, or on a phone via eGov mobile by scanning a QR code. Meetings can take place remotely, which is convenient when the parties are in different cities. In-person mediation suits those for whom personal contact matters; in this case the documents are drawn up as agreed with the mediator.
Confidentiality
Everything discussed during mediation stays between the parties and the mediator, unless the parties agree otherwise. The content of the procedure is not published on the portal. Mediator organisations have no access to their members' mediations or to clients' documents. The IIN, which is needed for identification and for signing documents, is stored in encrypted form and is never published.
Procedure documents
- Application — a request to the mediator describing the dispute.
- Mediation agreement — the terms on which the procedure is conducted.
- Settlement agreement — the final document setting out the parties' obligations.
Documents signed online are stored on the portal's server. Each party receives a package: the document in PDF, the signature files and the report on their verification.
Frequently asked questions
Do I need my own e-signature?
For signing online — yes. You can use a key installed on your computer for use with NCALayer, or eGov mobile on your phone.
Can the mediator be replaced?
Mediation is built on trust, so choosing the mediator is the parties' right. If trust has been lost, discuss the situation with the mediator and the other party.
Can I withdraw from mediation?
Yes. Participation is voluntary at every stage. Withdrawing from the procedure does not deprive you of the right to go to court or to use other means of protecting your rights.
Who pays for the mediator's services?
The amount of the fee and the payment terms are set out in the mediation agreement before negotiations begin. The parties may agree between themselves on how to share the costs.