A SAMPLE Agreement on the settlement of a dispute (conflict) through judicial mediation
" __ " _________ 20 __ City of the year __________
____________ (Full name), hereinafter referred to as the "Plaintiff", on the one hand, and _____________ ( Full Name), hereinafter referred to as the "Defendant", on the other hand, hereinafter referred to as the "Parties", have entered into this Agreement as follows:
The parties are completing the mediation procedure on the dispute over ___ (the essence of the claim) ____________ in accordance with the Law of the Republic of Kazakhstan "On Mediation" and the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC).
This Agreement is subject to execution based on the principles of voluntariness and good faith of the Parties.
This Agreement is confidential and is not subject to disclosure to third parties unless the Parties agree otherwise. The contents of this Agreement may be disclosed only for the performance of actions specified in the Agreement and in other cases provided for by law.
The Parties confirm that the information provided by them in the mediation procedure, on the basis of which this Agreement is being signed, was complete and reliable.
On the basis of mutual concessions to each other, the Parties have concluded an Agreement on the following terms: 1) (terms of the agreement); 2) (terms of the agreement); 3) (terms of the agreement).
An agreement not executed voluntarily is subject to compulsory execution according to the rules of Chapter 19 of the CPC, on the basis of a writ of execution, upon application for this petition.
The Agreement comes into force after its approval by the court and is valid until the Parties fully fulfill their obligations.
The parties have no mutual claims on the distribution of court costs in accordance with part four of Article 176 of the CPC (indicate the agreement reached on court costs).
The procedure and consequences of termination of the proceedings provided for in Article 278 of the CPC are provided to the Parties for review, explained and understood.
Guided by the requirements of Articles 174, 179 and 180 of the CPC, the Parties request to approve this Agreement on the settlement of the dispute (conflict) through mediation, resolve the issue of refunding the state fee to the plaintiff, paid upon filing a claim, and terminate the proceedings.
The parties request to cancel the measures to secure the claim.
The parties are familiar with the provisions of subparagraph 2) of the second part of Article 434 of the CPC.
This Agreement is drawn up in three copies having equal legal force, one copy is submitted to the court for approval and attachment to the case file, one copy each for the parties. Details of the parties:
Party 1 is the Plaintiff: ____________ IIN:______________ Address:_____________ Signature:___________
Party 2 Respondent: ___________ IIN: _______________ Address: ______________ Signature:_____________
The Mediator: ___________ Certificate: _________ Date:
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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