Property, contractual, inheritance and other civil-law disputes.
Civil mediation is a way of resolving a property dispute or a dispute over personal non-property rights between individuals, or between an individual and an organisation, with the help of an independent intermediary. Instead of spending years exchanging claims and lawsuits, the parties sit down at the negotiating table and, guided by a mediator, look for a solution that works for both of them. In Kazakhstan, mediation is governed by the Law of the Republic of Kazakhstan "On Mediation", while the possibility of the parties reaching a settlement in court proceedings that are already under way is provided for by the Civil Procedure Code. The procedure is voluntary: no one can force you to take part in it or to sign an agreement you do not accept.
Civil-law relationships cover almost every aspect of everyday life, so the range of suitable conflicts is very broad. People most often turn to a mediator on the following matters:
Every mediator tailors the process to the specifics of the conflict, but the general sequence of steps usually looks like this:
A court determines who is right from a legal point of view, but it by no means always restores a normal relationship. Mediation makes it possible to take into account things that are secondary for a court: the wish to preserve good neighbourly relations, reputation, the possibility of continued cooperation. The parties control the outcome themselves and do not depend on someone else's decision. Discussions are confidential, with no public hearings. As a rule, negotiations take less time than going through every level of the court system, and people find it psychologically easier to comply with a decision they have accepted voluntarily than with one imposed on them.
A mediator is neither a judge nor an advocate for one of the parties. The mediator does not make decisions or judge who is to blame. The mediator's task is to organise a constructive dialogue, ensure that the rules are observed, help the parties hear each other and test whether the proposed options are realistic. The law requires the mediator to be independent and impartial: if the mediator has a personal interest in the outcome of the case or is related to one of the participants, the mediator must disclose this and withdraw from conducting the procedure. The mediator has no right to disclose information that has come to light in the course of the mediation.
The result of a successful mediation is a written settlement agreement. It identifies the parties, the substance of the disagreement, specific obligations, and the deadlines and procedure for fulfilling them. The more precisely the terms are worded, the lower the risk of a new conflict. An out-of-court agreement is performed by the parties voluntarily, on the basis of mutual consent. If, however, the dispute is already before a court, the parties can conclude an agreement within the proceedings and submit it to the court; once the court approves it, the proceedings are terminated and the agreement acquires the force of a judicial act and, if a party fails to comply, may be enforced.
Mediation is not effective in every situation. It is unlikely to help if one of the parties has no intention of reaching agreement from the outset and uses the negotiations only to play for time. The procedure is inappropriate when a legal fact needs to be established or a right recognised, as this falls within the exclusive competence of the court. The law also restricts the use of mediation in disputes affecting the interests of persons who are not taking part in the negotiations, and in cases where the parties cannot freely dispose of the subject matter of the dispute. Finally, if there is a significant imbalance of power between the participants and one party is under pressure, the mediator must soberly assess whether an honest dialogue is possible.
Consider a hypothetical situation. The owner of a third-floor flat has flooded the neighbour below twice in one year because of a faulty riser pipe. The affected neighbour demands that the full cost of repairs be paid, while the party at fault considers the amount inflated and points to the responsibility of the property management company. The relationship has broken down and the neighbours no longer greet each other. In mediation, the parties established that the affected neighbour cared more about getting the repairs done quickly before winter than about receiving the maximum amount, while the party at fault would find it hard to pay everything at once. In the end, they agreed on partial compensation paid in instalments and on a joint approach to the management company about replacing the riser. The conflict was settled and the relationship was restored to normal.
The portal brings together a registry of professional mediators and organisations providing mediation services across Kazakhstan. Use the filters by city and by type of mediation to see specialists who handle civil disputes in your particular region. On a mediator's profile card you can find information about their education, experience and specialisation. If you would rather not meet in person, choose specialists who conduct negotiations remotely. To get started, submit an online application: briefly describe the substance of the dispute, and a mediator will contact you to discuss the next steps.
This material is for reference only and does not constitute legal advice. Please check with a mediator whether mediation is applicable to your particular situation.
