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Comments on article 180. Agreement on the settlement of a dispute (conflict) through mediation and its implementation of the Civil Procedure Code of the Republic of Kazakhstan
1. The judge (composition of the court) in charge of the case shall verify the contents of the agreement on the settlement of the dispute (conflict) by way of mediation and issue a ruling on its approval and termination of the proceedings.
2. An agreement on the settlement of a dispute (conflict) through mediation, and a determination on approval of this agreement must comply with the requirements of the Law of the Republic of Kazakhstan "On Mediation" and Articles 176, 177 of this Code.
3. If the parties have not reached an agreement through mediation or the terms of the agreement have not been approved by the court, the case will be heard in a general manner.
4. The execution of an agreement on the settlement of a dispute (conflict) by way of mediation, approved by the court, shall be carried out according to the rules for the execution of an amicable agreement established by Article 178 of this Code.
1, 2. The judge (composition of the court) in whose proceedings the case is located verifies the content of the agreement on the settlement of the dispute (conflict) by way of mediation and, if there are legitimate grounds, issues a ruling on its approval and termination of the proceedings. An agreement on the settlement of a dispute (conflict) through mediation, and a determination on the approval of this agreement must comply with the requirements of the Law "On Mediation" and Articles 176, 177 of the CPC. In particular, in accordance with article 27 of the Law on Mediation, an agreement on the settlement of a dispute (conflict) reached by the mediation parties during mediation is concluded in writing and signed by the parties. The agreement must contain information about the parties to the mediation, the subject of the dispute (conflict), the mediator(s), as well as the terms of the agreement agreed by the parties, the methods and timing of their execution and the consequences of their non-fulfillment or improper execution. Article 176 of the CPC establishes the requirements for the form and content of the settlement agreement. The commented norm establishes the rule that the content of the agreement on the settlement of a dispute (conflict) in mediation should be similar. The requirements of article 27 of the Law "On Mediation" are similar, but additional information should be provided about the mediator(s), the consequences of non-fulfillment or improper fulfillment of the terms of the agreement. The procedure for approving an agreement on the settlement of a dispute (conflict) through mediation is similar to the procedure for approving a settlement agreement, regulated in Article 177 of the CPC. The agreement must not contradict the requirements of the law and not violate the rights and legitimate interests of others (part four of Article 177 of the CPC).
3. If the parties have not reached an agreement through mediation or the terms of the agreement have not been approved by the court, the case will be heard in a general manner. In case of suspension of the case due to mediation, the proceedings are resumed in accordance with Article 276 of the CPC, on which a ruling is issued.
4. The attractiveness of the institution of conciliation procedures lies in the fact that the parties can voluntarily settle their disputed legal relations. Voluntary execution is also important for all agreements. However, there may be various cases, including abuse of rights, in which a party interested in the execution of an agreement is forced to apply to the court for its enforcement. The procedure for the execution of an agreement on the settlement of a dispute (conflict) in mediation, approved by the court, is carried out according to the rules for the execution of a settlement agreement established by Article 178 of the CPC.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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