Mediation as an alternative form of dispute resolution and Litigation

Abstract

In article the analysis of foreign and Kazakhstan legal practice of application of alternative ways of the solution of the conflicts is given. It is necessary to distinguish mediation from possible ways of settlement of disputes. The author opens concept and essence of mediation, the principles of carrying out mediation, analyzing the law of the Republic of Kazakhstan «About mediation», of January 28, 2011. In article are noted both advantages, and arising difficulties when carrying out pre-judicial settlement of disputes by means of mediation mechanisms. Questions of applicability of mechanisms of mediation according to the legislation of the Republic of Kazakhstan are investigated.