ДАУДЫ ШЕШУДЕ МЕДИАЦИЯНЫ ҚОЛДАНУДЫҢ ӨЗЕКТІ МӘСЕЛЕРІ

Abstract

Absract. The article discusses the development of one of the alternative ways to resolve disputes in court cases in the Republic of Kazakhstan - mediation. Through mediation, the disputing parties can come to a mutually acceptable solution with the participation of a third neutral mediator. In the course of writing the article, a deep review of the scientific, theoretical and methodological works of many foreign and domestic scientists on this topic was made, and the features of mediation as an institution were analyzed. In addition, when writing this work, the author used general scientific methods used in scientific analysis: systematization, comparison and content analysis. The history of mediation as a means of resolving disputes begins with the emergence of disputes themselves. Third party dispute resolution was widely used in ancient China, Japan, Jordan, Malaysia and Latin America. But with the development of the judicial institution and laws, this method was gradually forgotten. Only since the 1980s has the institution of mediation been revived in the United States and has become the preferred method of resolving many disputes. Thus, at present, mediation is widely used in many countries as one of the alternative ways of conducting court cases.And the development of mediation in Kazakhstan began after the adoption of a special law in 2011, the legal framework was approved, and the problem of expanding the scope of its application in society was raised. Centers such as "Dostasu" have been created, which train special mediators. In this paper, the author compared the development of the institution of mediation in Kazakhstan with foreign experience. In addition, the author analyzed the advantages and disadvantages, as well as the features of the organization of mediation in the Republic of Kazakhstan. In addition, the author noted the problems that hinder the expansion of the scope of mediation. Among them, the lack of information about the institution of mediation, the distrust of the population and, at the same time, the lack of professional mediators are the main limiting factors in the development of mediation. At the end of the article, according to the author, the ways of solving these problems are also presented, opening the way for the development of the institution of mediation. Key words: Mediation, mediator, alternative dispute resolution methods, court, conflict resolution, mediation, intermediary, conflict, neutrality.