Қазақстан Республикасы мен шетелдегі отбасылық дауларды реттеудегі медиацияның құрылымдық кепілдіктері

2020

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DOI 10.26577/jpss.2019.v71.i4.011
Data confidence 70 medium
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Abstract

Abstract. The authors of this article, based on Kazakhstani and foreign materials, examine littlestudied problems of family mediation in sociological science, which is still underestimated, as well as family mediation in resolving family disputes. First of all, the article is devoted to the theory and structure of mediation, the activities of pre-trial family mediation and technology for the resolution of disputes between the two parties. In recent years, in our country, the mediation method has become the most common and decisive in the settlement of pre-trial disputes. Mediation is timely and legally developed in Western countries. In general, mediation began to develop dynamically in the second half of the 20th century. First of all, the first step in the application of mediation was introduced into the practice of resolving disputes in the field of family relations. Then mediation is effectively applied on a wide range of issues, ranging from family disputes to commercial ones. The article also analyzes the mediation practice in the Republic of Kazakhstan and abroad, as well as current issues and trends in its development. Finally, there is a low level of public awareness of the need for pre-trial mediation in Kazakhstani society and its importance for the resolution of various disputes, which, in turn, causes enormous damage to the social, psychological and legal literacy of citizens. Key words: mediation, family mediation, mediator, dispute resolution, both parties, the Republic of Kazakhstan, mediation abroad, structural guarantee, etc.