LEGAL MEDIATION: INTERNATIONAL PRACTICES IN EUROPEAN COUNTRIES

Abstract

In the article, the concept of legal mediation is described from a comprehensive social, legal, and political perspective, the prerequisites for the emergence of mediation and the mediation process in European countries (USA, England, France, Netherlands, Germany, Austria, Italy, Switzerland) are based on comparative analyzes through international experiences. We have analyzed the future mediation of the arbitration court, which is carried out by involving a neutral third party - an arbitrator to resolve disputed issues, for example: land, house property, divorce process, conflicts.

The article also extensively reviews the European Code of Mediators by the European Commission, the guidelines of the European Parliament and the Council "On some aspects of mediation in civil and commercial matters", and discusses how mediation is currently proceeding on a scientific basis. American corporations and more than 250 law firms report that 75-85% of disputes go to a mediator before they attempt to reach a settlement and find a positive resolution.

The relevance of the article is not only the mediation process in European countries, but also the course of this process in Kazakhstan. In comparison, if in foreign countries this is a systematic legal process and is used in practice, in our country, although it is used in practice, there is still a need for improvement.

The article also mentions the Siberian Conflictology Center (Kostanai), Kokshetau Mediation Center (Kokshetau), Mediation and Conciliation Center (Almaty), "Mediation and Law Center" (Karagandy), which is engaged in educational and educational services for the purpose of training mediators through a system of mediation training and seminars. The works of foreign, Russian and domestic scholars on legal mediation are also analyzed.