Juvenile mediation

Juvenile mediation is the resolution of conflicts involving minors with the help of an independent intermediary. Such conflicts arise at school, in the neighbourhood, within the family or at a sports club, and sometimes they end up before law enforcement. A teenager is still learning to take responsibility for their actions, and the way adults help them through a conflict largely shapes how they behave afterwards. Mediation makes it possible not simply to punish or "sort things out", but to repair relationships and teach young people how to reach agreement.

In Kazakhstan, juvenile mediation is conducted under the Law of the Republic of Kazakhstan "On Mediation" and, where the conflict has already become the subject of civil or criminal proceedings, with due regard to the procedural codes. The overriding principle is the priority of the child's rights and best interests.

Which situations are suitable

• quarrels, fights and bullying between pupils, including on social media and messaging apps;
• conflicts between a pupil and a teacher, or between parents and the school administration;
• damage by a teenager to school property or someone else's belongings, and the question of compensation;
• offences committed by minors where the law permits reconciliation with the victim;
• strained relations between a teenager and their parents, and conflicts in families with children of different ages;
• disputes between families whose children were involved in the same incident.

How the procedure works

1. Initial request. The process may be initiated by a parent, the school, the teenager themselves, their legal representative or a lawyer.
2. Consent of legal representatives. A minor may take part only with the knowledge and consent of their parents or other legal representatives, who attend the sessions and support the child.
3. Preliminary conversations. The mediator meets each participant separately, explains the rules in plain language, and finds out whether the child is ready to talk and what matters to them.
4. Joint meeting. The participants describe what happened, talk about their feelings and the consequences, and discuss how to put things right.
5. Agreement. Commitments are formulated that the teenager can understand and actually fulfil: an apology, help with repairing an item, rules for communicating in future, and the parents' contribution to making good the harm.
6. Documentation and follow-up. The agreement reached is recorded in writing; if necessary, the mediator arranges a follow-up meeting to check how the commitments are being honoured.

Advantages over court and administrative measures

For a child, court proceedings or an inquiry involving the police are a source of severe stress and may leave them labelled as a "problem child". Mediation takes place in a calm setting, away from public view, and allows the teenager to propose for themselves how to make amends. This builds a sense of responsibility more effectively than formal punishment. The injured party receives an apology and compensation, and the school gets back a healthy atmosphere in the classroom. In addition, the confidentiality of the procedure protects children from unwanted publicity.

The mediator's role

A mediator working with minors must be able to speak to children and teenagers in language they understand, make sure the adults do not overpower the child, and notice signs of pressure or fear. The mediator remains independent and impartial: they do not defend "our" child or "the other" child, nor do they establish who is to blame; instead, they help all participants find an acceptable solution. If, in the course of the work, there are signs of a threat to the child's life or health, mediation cannot take the place of action by the competent authorities.

The outcome and its legal significance

The outcome is a written settlement agreement. In a school or family conflict, it takes the form of an arrangement between the parties and helps to establish new rules of interaction. If the dispute is being heard in court or in criminal proceedings, the agreement is submitted to the relevant authority, which takes it into account when reaching its decision within the limits established by law. Financial obligations on behalf of a minor are, as a rule, assumed by their legal representatives.

Limitations: when mediation is impossible or inadvisable

• where mediation is contrary to the child's interests or may cause them psychological harm;
• in cases of systematic violence or abuse, where the child needs protection rather than negotiation;
• where the legal representatives do not give their consent, or their position clearly conflicts with the child's interests;
• where the law does not permit reconciliation for the specific offence;
• where one of the parties is taking part under pressure.

How to prepare

Talk to your child in advance: explain that mediation is not a punishment but a conversation in which they will be listened to. Do not rehearse "correct" answers with them. It helps for parents to decide what they want to achieve and to be prepared for the possibility that their own child may also have been wrong in some respect. The school should provide a comfortable room and a time outside lessons.

Example (hypothetical)

Two eighth-graders fell out over an offensive post in a shared group chat, and the conflict ended in a fight and a broken phone. The parents of one of the teenagers were planning to go to the police. The school suggested mediation. During the preliminary meetings it emerged that the post had been a response to a long-standing taunt. At the joint meeting, the boys calmly explained their grievances to each other for the first time, apologised and deleted the post, and the parents agreed to share the cost of repairing the phone equally. The form teacher noted that the atmosphere in the class had improved markedly.

How to choose a mediator on the portal

In the portal's registry of professional mediators, use the filter by city and by the "juvenile" type of mediation. Look at the mediator's experience of working with children and teenagers, their teaching or psychology background, and their practice in school mediation. Submit a request online with a brief description of the situation, without unnecessary personal data about the child, and the mediator will contact you to suggest a convenient meeting format.

This material is for information only and does not constitute legal advice. Please check with a mediator whether mediation is appropriate in your particular situation.