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Article 179. Dispute (conflict) settlement in accordance with the procedure of mediation of the Civil Procedure Code of the Republic of Kazakhstan
1. The parties have the right to file a petition for the settlement of a dispute (conflict) through mediation with the assistance of a judge or mediator before the court is removed for adjudication in the courts of the first, appellate, and cassation instances.
2. The judge who conducts the mediation appoints the day of the mediation and notifies the parties of the time and place of its holding. Mediation is conducted by a judge in accordance with the Law of the Republic of Kazakhstan "On Mediation" and taking into account the specifics established by this Code.
At the request of the parties, the court has the right to postpone the mediation procedure within the time limits established by part one of Article 150 of this Code, part four of this Article, and to summon other persons for mediation if their participation will contribute to the settlement of the dispute (conflict).
3. If the parties have not reached an agreement on the settlement of the dispute (conflict) through mediation with the assistance of a judge before accepting the claim, the materials relevant to the case shall be transferred to another judge for consideration in accordance with the procedure provided for in part seven of Article 35 of this Code.
With the consent of the parties, the case may be considered by the judge who conducted the mediation.
4. Upon receipt of a petition for the settlement of a dispute (conflict) through mediation with the assistance of a judge in a case pending before a court of first instance or an appellate instance, the court has the right to suspend the proceedings in accordance with subparagraph 7) Article 273 of this Code for a period not exceeding ten working days.
For mediation in the court of first instance, the case is transferred to another judge. At the request of the parties, mediation may be conducted by the judge in charge of the case.
If no agreement is reached on the settlement of the dispute (conflict), further consideration of the case may be continued by the same judge with the consent of the parties.
For mediation in the court of appeal, the case is usually referred to one of the judges of the collegial composition of the court.
5. Upon receipt of a petition for the settlement of a dispute (conflict) by way of mediation with the assistance of a mediator in a case pending before a court of first instance or an appellate instance, and the submission of an agreement concluded by the parties with the mediator, the court is obliged to suspend the proceedings in accordance with subparagraph 7) Article 272 of this Code for a period not exceeding one month.
6. The petition of the parties for the settlement of the dispute (conflict) by way of mediation may be filed in the court of cassation instance, if this does not require additional procedural actions and suspension of consideration of the case. Simultaneously with the petition to the court of cassation, the parties must submit an agreement on the settlement of the dispute (conflict) through mediation.
7. There is no record of mediation in court.
8. If an agreement on the settlement of a dispute (conflict) through mediation is concluded at the stage of execution of a judicial act, it is submitted for approval to the court of first instance at the place of execution of the judicial act or to the court that issued the said judicial act.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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