DEVELOPMENT OF THE LEGAL INSTITUTE OF MEDIATION IN THE REPUBLIC OF KAZAKHSTAN

The article presents a detailed scientific and legal analysis of the development of the mediation institute in the Republic of Kazakhstan as a key mechanism for alternative dispute resolution. It examines the theoretical foundations, historical evolution, and legal regulation of mediation, tracing its development from inception to its current state. Legislative acts, including the Civil Procedure Code and relevant mediation laws, are analyzed alongside their application in civil, labor, and commercial disputes.
Mediation is highlighted as an effective tool for reducing the judicial system’s burden and balancing the interests of disputing parties. The article studies Supreme Court practice to identify trends in recognizing agreements reached through mediation, confirming its growing role in law enforcement. Special attention is given to professionalizing mediators, developing ethical standards, and promoting judicial mediation to enhance public and organizational trust in the process.
Prospects for further development focus on expanding mediation’s scope, introducing technologies for remote dispute resolution, improving public legal literacy, and strengthening the professional community of mediators. The article emphasizes that a stable legal culture based on dialogue, compromise, and justice requires an integrated approach combining theory, regulation, and practical implementation.
Overall, the article shows that mediation in Kazakhstan is evolving as an independent, organized institution capable of effectively resolving conflicts, supporting judicial efficiency, and fostering a culture of law-abiding dialogue. Its development opens opportunities for harmonizing relations between legal entities, enhancing judicial effectiveness, and promoting a culture of constructive dispute resolution.

1. Law o f the Republic of Kazakhstan “On Mediation” dated January 28, 2011, No. 401-IV. - URL: http://adilet.zan.kz/rus/docs/Z1100000401 (accessed: 20.03.2026).

2. Akhmetova N.M. Mediation as a Means of Alternative Dispute Resolution. - Bishkek: 2008. - 115 p.

3. Rehson S.N., Suleimenova N.O. Fundamentals of Mediation in the Republic of Kazakhstan: Textbook. - Almaty: Turan University, 2019. - 232 p.

4. Lawyers Explained the Reasons for Slow Development of Mediation in Kazakhstan // zakon.kz. - 17.11.2021. - URL: https://www.zakon.kz/sovetv/5091129-yuristv-rasskazali-o-prichinah-nizkih.html (accessed: 20.03.2026).

5. Law o f the Republic of Kazakhstan “On the Ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation” dated April 25, 2022, No. 116-VII ZRK // Kazakhstanskaya Pravda. - 2022. - No. 78(29705).

6. Karataev I.A. Current Issues o f Mediation Procedure in Russia and Ways to Resolve Them // Proceedings of the V International Scientific Conference “Current Issues of Law”. - Moscow, December 2016. - M.: Buki-Vedi, 2016. - P. 74-77