Mediation as an alternative method for resolving disputes about children

Abstract

The article is devoted to the study of the norms of the current legislation on mediation in order to apply the conciliation procedure in resolving family legal disputes affecting the interests of the child. The relevance is due to the fact that the introduction and application of mediation as an alternative method of resolving disputes related to the interests of children is a new, progressive step in the development of the culture of family and marriage relations in the Republic of Kazakhstan. At the same time, the author believes that, despite the great public importance of conciliatory mediation procedures, today it is obvious that there is no mass use of them. The author points to the necessity of applying a mandatory mediation procedure for a number of categories of disputes, the resolution of which is impossible without the participation of a professional conciliator, and this primarily applies to disputes about children. The article analyzes scientific and practical approaches to the definition of family mediation, studies its nature and determines its features. It is noted that the resolution of a dispute about children can not be effective, and the decision made is enforceable, without reaching an agreement by the parents on its merits. The results of the study are new and original, the author's position is justified and is of interest to employees whose activities are related to the interpretation and application of rules related to the settlement of a dispute in pre-trial proceedings.