Mediation Procedures Research Articles

Business game on the mediation procedure as a way to form conflict - sustainable behavior

The article considers a variant of the business game as one of the effective ways of teaching students to prepare them for a real situation in the event of a labor conflict. Artificial imitation of the proposed model as the main semantic orientation involves the regulation of conflict through mediation. Based on the analysis of an array of domestic and foreign sources, the key points of the mediation approach for including them in the content of the game were identified, and it was also concluded that mediation is not properly widespread in Russia, which is confirmed by the results of a mass survey among domestic youth aged 22-30 years. The sample consisted of 497 respondents, of which 70% may find themselves in a conflict situation in their work at any time. The results of the survey confirmed the hypothesis of the respondents' ignorance of the mediation option of conflict regulation, which determines the relevance and timeliness of the introduction into the educational process of knowledge, skills and abilities on the use of mediation procedures in conflict regulation. It is concluded that the acquired abstract knowledge in the course of the business game tends to turn into real-applicable.

On the experience of France in the preparation, control and qualification requirements for mediators

The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators. In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.

Медиация в системе способов альтернативного урегулирования семейных споров

The main purpose of the study is to determine the place of family mediation in the system of alternative ways of regulating family disputes; to evaluate the law on mediation in the general system of legislation designed to assist citizens in resolving family conflicts; to develop proposals for further improvement of legislation on mediation. The relevance of the study, its conditionality by a large number of family disputes, difficulties of access to justice, especially when considering cases in the order of administrative proceedings, is substantiated. The special interest of specialists in the field of family law in the theoretical and practical problems of mediation is emphasized. The definition of a family dispute is given as a kind of social conflict of a property or personal non-property nature arising between members of one family or between a family member and another person, if during such a conflict the rights and interests of the family or its individual members are affected. We are talking about disputes arising from legal relations that develop in the sphere of family life, the performance of its social functions. They have different subject composition, respectively, and disputes may arise between spouses, parents and children, other relatives and relatives who are in natural-biological and social ties recognized by law as legal. The definition of the concept of alternative settlement is given, understood by the authors as any settlement of disagreements and resolution of a conflict without a final resolution of the dispute on the merits by the competent authorities with the issuance of a law enforcement act subject to mandatory, including compulsory, execution. During the analysis of existing methods of alternative regulation of family disputes, in particular, used in the activities of notaries, lawyers, bailiffs, guardianship and guardianship authorities and even courts, the authors come to the conclusion that the mediation approach of public authorities cannot completely replace the mediation procedure, since these bodies have to solve the issue on the merits and when the absence of an agreement between the parties. At the same time, as a rule, one of the disputing parties wins, the other loses. This does not happen when using the mediation procedure, since during negotiations with the participation of an intermediary (mediator), the decision is made by the parties themselves or the dispute remains unresolved. In any case, the result of mediation is fixed in the mediation agreement. The author analyzes the range of circumstances that, according to the authors, can be the subject of a mediation discussion and form the basis for resolving the issue on the merits. Attention is paid to the analysis of the principles of mediation in relation to the problems of family mediation. The authors come to the conclusion that it is desirable to conduct family mediation on the principle of free, especially in disputes about children. At the end of the article is a list of the sources used. When writing the work, 18 sources were used, including scientific literature for the last 5 years. The authors declare no conflicts of interests.

CONSIDERATION OF THE PECULIARITIES OF A PERSON WITH POST-TRAUMATIC STRESS DISORDER IN MEDIATOR`S PROFESSIONAL ACTIVITY

Aim: To study and take into account the behavioral characteristics of a person with post-traumatic stress disorder (PTSD) during the mediation procedure and to experimentally test the peculiarities of PTSD in young adults and to study the causal relationship between PTSD and personality resilience. Materials and Methods: The diagnosis was carried out using the methods of diagnosing resilience (S. Muddy in the adaptation of D. Leontiev) and the Mississippi Scale for Combat-Related PTSD. Statistical analysis was performed using the statistical software package STATISTICA 10. The analysis of the study results included the distribution of the results of the arithmetic mean and the identification of correlations using Pearson’s correlation coefficient. The obtained empirical data were processed qualitatively and quantitatively. Results: In the course of the study we found that mediation is the best alternative way to resolve legal disputes with a person with PTSD, as the mediator creates a safe space, an atmosphere of trust, helps to cope with emotions, and, through questioning and other techniques, forms a conscious attitude towards their own needs and interests. Such interaction is empathetic and non-traumatic for a person with PTSD who is a party to mediation. It has been established that the level of PTSD manifestation in young adults affects their level of resilience. Conclusions: mediator’s work with a person with PTSD requires more activity on the part of the mediator, empathic communication, and possession of skills in dealing with psychotrauma. All decisions made as a result of mediation will be aimed at satisfying the basic need for safety of such a person.

PERSPECTIVES OF STRENGTHENING THE ROLE OF THE NOTARY IN THE MEDIATION PROCEDURE: THE COMPARATIVE LEGAL ANALYSIS

The article discusses new ways to resolve legal conflicts, including from the perspective of introducing various legal subjects to use alternative dispute resolution tools. Namely: we are talking about mediation and the participation of a notary in the mediation procedure on the example of the legislation of the Russian Federation and foreign states.

AS AN ALTERNATIVE WAY TO PROTECT INHERITANCE RIGHTS IN NOTARY PRACTICE

The share of disputes related to inheritance rights is always present in judicial statistics. At the same time, the ever-increasing burden on the judicial system associated with an increase in the number of applications of citizens to the courts has led to a significant increase in the length of consideration of civil cases beyond the legal duration. This issue took a key place in the discussion of the participants of the All-Russian round table held on March 02, 2023 at the Kutafin Moscow State Law University (MSAL). The statement of the author of this article, like other speakers, was devoted to the application of mediation procedures in notarial practice, as an alternative way of protecting inheritance rights.

Cardiorespiratory Fitness and Bone Turnover Markers in Adults With Metabolic Syndrome: The Mediator Role of Inflammation.

The relationship between inflammatory markers and bone turnover in adults is well known, and a negative association between cardiorespiratory fitness (CRF) and inflammatory markers has also been described. Hence, we tested whether the association between CRF and bone turnover markers is mediated by inflammatory markers in adults with metabolic syndrome. A total of 81 adults (58.5 ± 5.0years, 62.7% women) were included in the analysis. CRF was measured by the 6-min walking test. Serum interleukin (IL)-1β, IL-6, IL-10, tumor necrosis factor alpha, high-sensitivity c-reactive protein (hsCRP) and vascular endothelial growth factor, collagen type I cross-linked C-telopeptide, procollagen type I N-terminal propeptide (P1NP), and total osteocalcin were assessed using a sensitive ELISA kit. Body composition was assessed by dual-energy X-ray absorptiometry. Partial correlation was used to test the relationship between CRF, inflammatory markers, and bone turnover markers, controlling for sex, lean mass, and fat mass. Boot-strapped mediation procedures were performed, and indirect effects with confidence intervals not including zero were interpreted as statistically significant. CRF was positively correlated with P1NP levels (r = .228, p = .044) and osteocalcin levels (r = .296, p = .009). Furthermore, CRF was positively correlated with IL-1β levels (r = .340, p = .002) and negatively correlated with hsCRP levels (r = -.335, p = .003), whereas IL-1β levels were positively correlated with P1NP levels (r = .245, p = .030), and hsCRP levels were negatively correlated with P1NP levels (r = -.319, p = .004). Finally, the association between CRF and P1NP levels was totally mediated by hsCRP (percentage of mediation = 39.9). Therefore, CRF benefits on bone formation could be dependent on hsCRP concentrations in this population.

ALIMONY AGREEMENTS UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF ARMENIA

The article discusses the certification of agreements complicated by a foreign element, and the problems associated with determining the applicable law, the choice of the method and procedure for alimony payments in the enforcement of agreements abroad. The author highlights the mediation procedure as a priority way to resolve disagreements on the issues of material support for parents of children, indicates the prospects for the development of relations between notaries of different states.

Mediation discourses: the process of formation in the scientific environment

The development of society requires permanent links between the State and civil society. This is a form of ongoing dialogue that ensures effective cooperation with civil society institutions. Proceeding from this, the constant search for new methods of mediation is relevant not only to resolve contradictions, but also to reduce them in the conditions of increasing globalization processes. Structuring mediation procedures that meet modern requirements, corresponding to the mental and socio-cultural specifics of civil society, requires a comprehensive study of theoretical and practical foundations. In this regard, there is a need for an information review of mediation in the scientific and academic environment, foreign discourses. In this article, a terminological analysis of the concept of "mediation" is carried out and it is established that the ambiguity of translation work leads to misunderstanding in the conceptual and categorical apparatus. In addition, analyzing the definitions of mediation given by international organizations and scientists, the authors classified the parameters and components indicating its nature. A series of theoretical models of mediation is systematized into a general structure by comparing the research methods of several scientists. The scope of the term "mediation" in the Kazakh-speaking scientific and social environment and its distinctive specificity from foreign experience are considered as the specifics of the article. The presented article is a necessary material for young applicants studying the institution of biys, the theory of social and social harmony in Kazakh philosophy, the culture of constructive conflict resolution.

APPLICATION OF JUDICIAL MEDIATION IN CIVIL LAW: THEORY AND PRACTICE

The relevance of this study. Judicial mediation is a method of organized dispute resolution procedures in civil and administrative cases, to reach a peaceful solution with the agreement of both parties to the dispute. The legalization of judicial mediation provides additional opportunities for the parties to the dispute not only to settle the dispute amicably, but also has more potential benefits for both sides of the dispute, looking for a favorable solution, which can be confirmed by a mutual settlement agreement. Due to these advantages, the use of this alternative method of dispute resolution is growing both in Lithuania and around the world. The main problems. 1. Does the legal regulation of judicial mediation meet the goals of the mediation institute and the process participants? 2. What are the conditions for applying judicial mediation in court practice? 3. How is the transfer of a legal dispute to judicial mediation, the conciliation of the parties to the dispute by the mediation institute and the approval of the settlement agreement treated in court practice? 4. What is the relationship between judicial mediation and judicial mediation applied in European Union countries? 5. What features of legal regulation of judicial mediation of foreign countries can be integrated in judicial mediation procedures in Lithuania? The following tasks: 1. To analyze the concept of judicial mediation institute. 2. To discuss the conditions of application of judicial mediation and its procedure. 3. To compare the regulation of judicial mediation in the countries of the European Union. 4. To analyze the application of judicial mediation in Lithuanian court practice. The aim of this work: to perform a comparative analysis of the regulation of judicial mediation in Lithuania and foreign countries. In order to determine possible changes/improvements in the legal regulation of the implementation of the Lithuanian Institute of Judicial Mediation, based on examples of good practice in foreign countries and the practice of domestic courts. The used methodology: the document analysis method was used to analyze the legal acts of the Republic of Lithuania; the method of systematic analysis was used to combine different opinions of authors, legal acts, court practice; the comparative method was used to compare the regulation of judicial mediation in Lithuania and the countries of the European Union.

ПОНЯТТЯ, ВИДИ ТA ХAРAКТЕРНI РИСИ МЕДIAЦIЇ ЯК СОЦIAЛЬНО-ПРAВОВОГО ЯВИЩA

The article contains a study of the concept of mediation, the definition of types and its characteristic features. The author analyzes the origin of the word ’mediation’. In particular, from the Latin word ’mediatio’. The essential meaning of the concept is defined, the approaches of scientists are systematized, which allow comparing the concept specified in the Law of Ukraine ’On Mediation’ of 16.11.2021 No. 1875-IX. And their own developments, which generally defines the phenomenon we are studying. The article also proposes the most modern and relevant types of mediation, including electronic mediation, a procedure by which a mediator provides mediation services to parties who are at a distance from each other, or the conflict between the parties has reached the level that they cannot be in the same room The article highlights the issues that are specific to the mediation procedure, these are problems related to the direct implementation of alternative dispute resolution methods, but it should be noted that science and practice are actively working on.

Mediation procedure for pre-court settlement of administrative and legal disputes: concept, legal provision and directions for improvement

Mediation procedure for pre-court settlement of administrative and legal disputes: concept, legal provision and directions for improvement

Примирение ингушей и рассмотрение споров, возникающих из гражданско-правовых отношений, по нормам адата и шариата

The study is devoted to the issues of resolving disputes arising in civil legal relations in the modern life of the Ingush, the ways of reconciling the parties according to the norms of pre-Islamic legal complexes of customary law (adat) and Muslim law (Sharia). To achieve the goal of the research, the tasks of studying the most frequent categories of disputes, forms of appeal to resolve them and to conduct a conciliatory mediation procedure are identified. Issues related to the definition of jurisdiction of disputes, the mechanism of mediation, the issues of establishing the legal basis for litigation in the investigated category of disputes and methods of the conduct of paperwork, as well as the mechanism for the enforcement of decisions made to resolve disputes were also studied. Due to the lack of sufficient published materials on the topic under study, field research is carried out in the Sunzhensky, Nazran and Malgobek districts of Ingushetia in 2021-2022. During conversations with mediators, members of conciliation commissions, plaintiffs and defendants, the information regarding the practices of resolving civil law disputes by imams of rural mosques, the Qadiyat of the Sharia court at the Spiritual Administration of Muslims of Ingushetia, was collected.

The course of mediation proceedings on the basis of the rules of organization and conducting out-of-court mediation at the stage of executive proceedings

Mediation as an alternative method of dispute resolution is gaining more and more popularity in various areas of social life. The currently binding legal acts regulating the issues related to serving a sentence of imprisonment do not contain provisions on the use of mediation as an amicable method of dispute resolution giving the possibility of reconciliation between the perpetrator of the prohibited act for which the court adjudicated the penalty of imprisonment, and the victim of the crime. Therefore, it should be clarified whether the lack of regulations in the indicated scope constitutes an obstacle to the use of mediation after the end of criminal proceedings as an element implementing the idea of restorative justice. The aim of this study is to present the course of mediation proceedings conducted after the end of the criminal trial. The analysis of the course of the mediation procedure will be carried out on the basis of the provisions of the regulations developed for the implementation of the project entitled: “Pilot of the program implementing the idea of restorative justice in the District Inspectorate of Prison Service in Lublin”. The article is divided into nine parts. The first part is an introduction to the considerations on the idea of restorative justice allowing for reconciliation between the inmate and the victim of the crime. The next part is devoted to international regulations, which constitute the basis for the use of mediation at the stage following the end of criminal proceedings. Parts from three to eight contain an overview of the course and organization of the mediation procedure based on the provisions of the regulations developed for the implementation of the Pilot Project, from the moment of its initiation to its completion. The last part summarizes the analysis performed. The considerations presented in the article lead to the conclusion that the lack of regulations in generally applicable acts of law does not constitute an obstacle to the use of post-conviction mediation as a method enabling the implementation of the idea of restorative justice and giving the possibility of reconciliation between the perpetrator of the prohibited act and the victim of the crime.

SCHOOL MEDIATION AS A TOOL SUPPORTING THE EDUCATION PROCESS

The aim of this paper is to discuss the subject of mediation and to demonstrate its educational and preventive values through an analysis of research literature on the subject. Relying on the concept of restorative justice, mediation teaches young people and adults to take responsibility for their decisions and behaviour. The restorative justice approach to conflict assumes shifting the focus from guilt to the responsibility for the consequences of the action and redirecting the action from punishment to the damage repairing, which undoubtedly is an educational value of mediation. Mediation procedures conducted in educational institutions that cope with difficult and conflict situations, can teach members of the school community how to be involved in a dialogue while respecting the rights of other people. Mediation offers a constructive, non-aggressive and non-violent method of problem solving at schools in the atmosphere of mutual respect. This way student relationships can be strengthened. Hence, such procedures are being increasingly implemented as a tool supporting the educational process. They also provide an alternative method of conflict-solution in the school community.

임대차분쟁조정제도에 관하여

The Lease Dispute Mediation Committee saw that it is desperately needed in our society and is currently playing a big role. In the lease dispute system, actual operational problems have been exposed, and it is necessary to consider ways to improve them. The above discussions are summarized as follows.
 First, the case in which the respondent refuses the applicant's application is also a reason for dismissal. In this case, even if the respondent does not participate in the mediation procedure, the mediation committee must
 propose a mediation proposal for the relevant case. Later, when the applicant tries to resolve a dispute by trial, the litigation period can be shortened by submitting this mediation proposal, and the respondent's participation in mediation can be increased.
 Second, even after the establishment of the lease dispute settlement, if the mediation proposal is not implemented by both parties, compulsory execution cannot be made. If the mediation of the Lease Dispute Mediation
 Committee is established as in the Labor Relations Commission's reconciliation report, it will be efficient to eliminate the procedural hassle of filing a lawsuit for compulsory execution by giving the mediation the same effect as judicial reconciliation.
 Third, under the current law, it is difficult for the tenant to exercise the right to claim damages because there is only a request for viewing the fixed date as a method of checking whether the lessor resides. Considering this, there is a need for a system in which tenants can check whether the lessor resides or not through the perusal of the moving-in household.
 Fourth, an agreement may be reached by the parties in the process of mediation, or by persuading the two parties and encouraging them to agree. In this case, it is necessary to stipulate that an agreement is reached immediately without other cumbersome procedures.
 Fifth, the respondent's refusal to mediate accounts for the largest portion of the actual mediation applications received for the lease dispute settlement system. If the respondent refuses, the applicant has no choice but to proceed with a lawsuit, and a lot of time and personal and social costs increase for dispute resolution. In particular, considering that most lease disputes are non-party cases, disputes are intensified due to emotional problems between the parties, and the parties do not have much profit from the lawsuit, the lawsuit will likely undergo mediation. Therefore, as a solution to this, the introduction of coordinated prepositional can be considered. Or as an alternative, I think it is necessary to introduce a mediation proposition only for disputes over rent or deposit increases and decreases, and premium disputes, rather than adjustment preposition for all deliberations and adjustments of the Lease Dispute Mediation Committee stipulated in the law. Sixth, the Lease Dispute Mediation Committee is established by the Korea Legal Aid Corporation, the Korea Real Estate Agency, the Korea Land and Housing Corporation, and the Seoul Metropolitan Government, which are local governments, respectively. For this reason, violations of jurisdiction and overlapping jurisdictions between these dispute settlement agencies may occur. Therefore, it is necessary to unify the business processing of dispute mediation agencies, establish a cooperative system for mutual information sharing and connection, and develop related systems.
 As more than five years have passed since the current lease dispute settlement system was introduced, several problems have been exposed in practice, and in this paper, measures to improve these problems were presented. Ultimately, it is necessary to improve and supplement the above problems through the revision of related laws.

МЕДІАЦІЯ ЯК СПОСІБ ДОСУДОВОГО ВРЕГУЛЮВАННЯ ПУБЛІЧНО-ПРАВОВИХ СПОРІВ У СФЕРІ ДЕРЖАВНОЇ РЕЄСТРАЦІЇ

The article is devoted to the study of such a method of pre-trial settlement of public legal disputes in the field of state registration as mediation. It is emphasized that the creation of opportunities for the development of alternative (non-judicial) methods of dispute resolution is one of the main tasks of a democratic, legal state, which tries to ensure the protection and guarantee of the rights of all subjects of law at the appropriate level. This creates an obligation for the state to promote the development of such non-state institutions, such as, in particular, intermediaries (mediators), who help to settle the dispute without bringing it to court. It has been determined that mediation is the activity of professional intermediaries who direct participants of legal dispute into compromise and settlement of the dispute independently by the participants. The article considers peculiarities of mediation procedure in administrative court. Existing additional difficulties in administrative proceedings for the mediation procedure were considered. The content of the draft law of Ukraine «On mediation» concerning such complications has been analyzed. The existing division of the mediation procedure at this stage was examined. It has been observed that the practice of settling conflicts between authorities and private individuals in pre-trial proceedings tends to indicate a reluctance on the part of the authorities to compromise, not only because of the legal nature of their decisions, but also because of certain, so to say, established business practices for quite some time. This is a fundamental reluctance of the authorities to compromise. It is indicated the legislative and factual prerequisites for the application of the mediation agreement in the settlement of public law disputes in the field of state registration, which combines the advantages of both the mediation procedure (economy in terms of time and money, significant relief of the judicial system) and the trial procedure (application guarantees of subjective rights, freedoms, legitimate interests at the level of administration of justice). The author has submitted proposals on improvement of administrative legislation aimed at settlement of mediation as a way of pre-trial settlement of public-legal disputes in the sphere of state registration.

Mediasi Sebagai Alternatif Penyelesaian Sengketa Ekonomi Syariah

The establishment of Law Number 3 of 2006 concerning Religious Courts has increased the authority of religious courts, namely by resolving disputes from the sharia economy. Parties to the dispute can take a path that can be resolved, namely by litigation and non-litigation. There are several ways through non-litigation, such as mediation, negotiation, arbitration, and musharawah. However, the focus of this discussion is on mediation. Supreme Court Regulation Number 1 of 2016 concerning mediation procedures in court in article 1 point 1 states that mediation is one way to resolve disputes by negotiating to obtain agreement from two parties which will be assisted by a mediator. The necessity in conducting this mediation is a provision of article 10 of PERMA SES. This provision states that judges are required to seek peace first before hearing cases. Mediators in court have a vital role in the dispute resolution process from two parties Provide facilities for dialogue, neutrality, provide agreement facilities, encourage legal compliance, confidentiality, good communication skills, make agreements, stages of the mediation process, the first to fill out the form. Both parties may choose a mediator who is submitted to the judge. The initial stage in the mediation process is to provide a resume with a maximum of five days calculated to the mediator. Furthermore, the mediator mediates with negotiation material at an unlimited mediation meeting, both posita and petitum lawsuit, The mediation process takes place within thirty days calculated from the determination to carry out mediation, can be extended again for thirty days with the agreement of two parties. If within thirty days there is no sign of successful mediation, the process can be stopped immediately. If the mediation process has been carried out by the mediator and two parties, then the mediator will draw conclusions from mediation

The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court

The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.

Some problems of the development of mediation as an alternative way to resolve disputes in the Republic of Kazakhstan

In modern Kazakhstani society, there is a high level of conflict, which is typical for legal disputes. In this regard, the resolution of disputes through traditional adversarial justice will further aggravate legal conflicts and lead to a complete termination of relations between the parties. Today, problems in the state judicial system lead to significant losses of material and moral benefits. As a result, one of the parties may be dissatisfied with the court decision, which may further complicate the enforcement of the court decision. Due to these circumstances, it is possible to turn to the institution of mediation, which is a relatively new legal institution. Mediation is an alternative dispute resolution (ADR) with the participation of a third party - an intermediary who is neutral, does not represent the interests of the parties in resolving the dispute, helps the parties to reach an agreement on the dispute, and the parties have full control over the decision-making process. The article discusses the development of the institution of mediation in Kazakhstan as an alternative method of dispute resolution. The reasons for the underdevelopment of the institution of mediation are analyzed, the opinions of legal scholars are analyzed, and the factors hindering the development of mediation in Kazakhstan are identified by comparing the experience of China, Germany, Georgia, Singapore in the implementation and development of alternative dispute resolution. In order to analyze these facts, a review and comparative analysis of the scientific works of scientists studying the Institute of Mediation and the laws and scientific works of a number of foreign countries on mediation was made. Based on the results of a sociological survey conducted by the Kazakhstan Institute for Strategic Studies under the President of the Republic of Kazakhstan about what Kazakhstanis know about mediation. The methodological basis of the article is the methods of analysis, synthesis, comparative legal, logical and legal, historical, statistical. Keywords: institution of mediation, mediator, alternative dispute resolution methods, mediation procedure, disputes, voluntariness, confidentiality.