Mediation – is the process of the joint resolution of a problem by the participants of a conflict. Usually in mediation the chances of success are high owing to special legal conditions and the professional help of a mediator to assist with the interaction of the parties in a way to dispute settlement. Mediation may be compared with the advanced form of widely known intermediary and reconciliatory procedures, hence the fact that mediation has assisted in the establishment of the peace over many centuries.

Today global practice shows that mediation has a wide application in many various situations, beginning with disputes in the sphere of large business and extending to family conflicts, such as divorce and severance. According to the international statistics, 30 – 40 % of all disputes pass through mediation, and a positive result is reached in 85 % of cases.

Mediation allows the parties to find a way out of an impasse and thus to suffer minimal financial and time losses, and to keep friendly relations and not risk damaging their own reputation. One of the numerous advantages of mediation is the guarantee of full confidentiality of the procedure itself, all that occurs and is spoken about remains secret, and documents and the written materials made by the mediator are destroyed.
The basic function of a mediator consists of the fact that he allows the development of a strong uniform point of view of the parties, thus the mediator does not have the right to impose their own viewpoint on the problem and this leads to a greater belief by the parties in the mediation results. The consensus once reached can also concern personal relationships this is one of the reasons for the durability of the agreement.

Many experts assert that mediation development in Republic of Kazakhstan is not progressing as in other countries – aggression and mistrust of the parties are too great usually, meanwhile in the Russian Federation mediators resolve disputes successfully including disputes when the price exceeds 100 million dollars. The example of China in which the authorities managed to spread mediation throughout the country in less than ten years disputes the opinions of sceptics and today 40 % of all disputes pass through the mediation centers already, and as a result of this the problem of the corporate conflicts which have overloaded the court system has been overcome.

Mediation for a long time has been a serious business in which many state structures and private concerns in each country are engaged. The greatest popularity the mediation centers have achieved are in Great Britain, France, Italy and in the USA and the centers or councils about disputes settlement by mediation are created under courts, and the most competent and authoritative people in various spheres of economy, law and industry are engaged in this business in the capacity of mediators.

In the end it would be desirable to notice that the development of alternative tools of dispute settlement by mediation in Kazakhstan will be recognized by the world community as a serious step on the way to our inclusion in the number of the most competitive countries of the world where a civilized legal system dominates.