Alternative dispute resolution methods in the legal system of Kazakhstan

Abstract

Given the intensification of the process of mutual influence of the judicial system and the system of alternative dispute resolution, approaches to classification and systematisation of alternative dispute resolution methods require revision. The study aims to identify current trends in changing the structure of the system of alternative dispute resolution in the legal system of the Republic of Kazakhstan. The article uses the comparative legal method to study existing approaches to building a system of alternative dispute resolution; the analysis method was used to characterise the main methods of alternative dispute resolution; the logical-semantic method was used to clarify the conceptual and categorical apparatus; the structural-systemic method was used to study individual components of the system of alternative dispute resolution. The legal system of the Republic of Kazakhstan provides all the most common methods of alternative dispute resolution. The study showed that the system of alternative dispute resolution is evolving under the influence of digitalisation and the mutual influence of the judicial and ADR systems, which leads to their intersection and the emergence of hybrid dispute resolution methods. The study considered different approaches to the systematisation of alternative dispute resolution methods concerning mediation styles, as well as the impact of digitalisation on the system of alternative dispute resolution. The study identifies the theoretical significance, as the basis for assessing the integration of the alternative dispute resolution system into the national legal system, its legislative regulation and forecasting changes in legislation, and the practical significance of systematising the methods of alternative dispute resolution from the standpoint of criteria for determining the methods most appropriate to the needs and objectives of the parties to a particular legal dispute. The study results propose a broad and narrow concept of alternatives, the concept of quasi-alternatives, and possible options for expanding the classification of alternative dispute resolution methods.