Legislation of the Republic of Kazakhstan and foreign countries in the field of mediation

Manshuk Kalshabayeva, Spatay Sartayev, Albina Biskultanova, Dinara Tursynkulova and Ulan Abdykadyr

RIVISTA DI STUDI SULLA SOSTENIBILITA', 2025, vol. 10, issue 2 Thematic Issue

Abstract:

Examining foreign practices helps determine the optimal models of legislation and principles that can be applied in the context of the Kazakh mediation system. Given the issue's significance, the study aimed to deliver an exhaustive analysis of mediation legislation and its implementation in the Republic of Kazakhstan and abroad. The legal nature of mediation was examined, during which the main principles on which the procedure is based were identified and analysed. The research contributed to a comprehensive understanding of the foundational conditions necessary for establishing mediation institutes within a national context, while simultaneously tracing the evolutionary trajectory through which mediation developed into one of the most sophisticated alternative dispute resolution mechanisms. Through systematic comparative analysis, the investigation examined both legislative frameworks and the practical implementation of mediation procedures in the Republic of Kazakhstan and various international jurisdictions. The analytical findings revealed quantitative measures of mediation effectiveness within the Republic of Kazakhstan, establishing comparative benchmarks against international jurisdictions where mediation procedures have been systematically implemented and evaluated.

Keywords: principles; legal nature; dispute resolution; confidentiality; volunteerism (search for similar items in EconPapers)
Date: 2025
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