International experience in the application of mediation procedures in the field of dispute (conflict) resolution in pre-trial proceedings

Abstract

The article examines alternative methods of dispute (conflict) resolution through the use of mediation procedures in pre-trial proceedings, and also studies the experience of foreign countries in the practical application of this institution when a conflict arises between the parties in civil and criminal proceedings. Studying the current state of the materials of court cases in every way makes one think about the need to reduce the workload of judges and the judicial system as a whole. Considering the international experience of using mediation procedures in countries such as Great Britain, Germany and Italy, the question of the effectiveness of using the institution of mediation in pre-trial proceedings is surprising. The article under consideration examines not only the international practical experience of using mediation procedures, but also the settlement of disputes at the legislative level in the field of mediation in foreign countries. Based on the conducted comprehensive comparative analysis of national legislation with international legislation, as well as on the application of the institution of mediation in pre-trial proceedings, it can be said that the number of practical applications of mediation procedures is low, on the stability of the caseload in the judicial system and the ineffectiveness of the legislation itself in Kazakhstan.

The main objective of the study is to develop effective measures for the application of alternative methods of conflict resolution in Kazakhstan through a comparative analysis of international practical experience in the application of mediation procedures in pre-trial proceedings. This study is aimed at improving national legislation and increasing the effectiveness of the use of the institution of mediation in pre-trial proceedings.

The empirical base used was statistical data from the Committee on Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan, and materials from civil and criminal cases were studied. This article examines the main provisions of the Law of the Republic of Kazakhstan "On Mediation" adopted on January 28, 2011, No. 401-IV, as well as the United Nations Convention on International Settlement Agreements Reached through Mediation adopted on December 20, 2018, and the domestic legislation of foreign countries. As a result of the conducted research, the authors propose various approaches to the interpretation of methods of dispute resolution (conflict) in pre-trial proceedings, which will reduce the burden of the volume of movement of materials of criminal and civil cases from the judicial system of Kazakhstan and increase the effectiveness of the use of mediation procedures.