Topical questions of the use of judicial mediation procedures

In Karaganda regional court held a workshop on the theme: "Topical questions of the use of the procedures of judicial mediation."

The workshop was attended by acting chairman of the appeal Board on administrative and civil cases B.K.Maymakov, judge appellate judicial board on civil cases D.V.Kryukov, as well as judges of district and equivalent courts.

From April 2014 by the Supreme Court of the Republic of Kazakhstan was launched a pilot project for the implementation of civil proceedings in conciliation proceedings involving judges (judicial mediation).

Dispute settlement procedure in order mediation with judge-mediator had been discussed in details by the participants of the workshop.

The parties may at any time before the court in the jury room in the trial or appellate instances to make a request of the desire to resolve the dispute through mediation.

Conciliation mediation is conducted in the manner agreed by the parties by the judge - conciliator.

On the basis of the court decision case is referred by a computer distribution judge-conciliator, who appoints the day of the judicial mediation. Judge-conciliator to judicial mediation is guided by rules established by Civil Procedure Code, the Law "On Mediation", as well as the position of the pilot project.

The parties participating in mediation is voluntary and shall be exempt from payment of state duties, costs associated with the enforcement of the court decision.

One of the important principles of mediation is confidentiality. This principle is particularly important for the parties who would like to reach an agreement and avoid publicity or the fact of being in conflict.

The objectives of the project are named - expanding opportunities to reach a compromise between the parties, as well as the improvement of extrajudicial methods increase the level of legal culture of dispute resolution through mediation procedures.

By the moderator of the workshop was recommended to continue the work to increase the number of cases with the use of judicial mediation, as well as intensify efforts to explain the advantages of this procedure among the population.