Peace is better than an argument
Mediation can help to solve many of entrepreneurs’ problems without bringing the case to the court
Settlement of disputes between business entities through legal proceedings can’t always lead to the desired results, and also leads to a waste of energy, time and money. Therefore, alternative forms of dispute and conflict resolution are relevant in such cases.
This was told to entrepreneurs during the round table "reconciliation procedure", which was held at the Regional Chamber. "Mediation is included in the work plan of the National Chamber as the main activity of the legal unit, in connection with which we hold such events regularly. Entrepreneurs often try to resolve all disputes throught the the court, losing time, money and a lot of strength, both physical and psychological. But all disputes can be resolved without going through litigation", - said Deputy Director of the Chamber Nurzhan Maksotov.
"The transition from a five-tier to a three-tier judicial system in compliance with the new Procedural Code of the RK, is effective from January 1, 2016. It greatly simplifies the legal proceedings, but for businesses it can mean the transition to a two-tier system, because under the law the application to the Supreme Court is limited by the amount of 2,000 MCI for individuals and 30,000 MCI for legal entities, - said the judge of the specialized inter-district economic court of West Kazakhstan region Kanat Kadyrbekov. - The cases with a claim of 63,630,000 and above are not so frequent, so, most likely, the decision will be taken by the trial courts and the appellate courts".
According to the judge, the practice of recent years shows that alternative forms of dispute resolution in such cases, are the most appropriate and productive. "The economic relations, investment disputes should be solved through reconciliation procedures, which include: the signing of the settlement agreement, mediation agreement and an agreement with the help of lawyers, - said Kanat Kadyrbekov. - It saves businessmen money, time and a good relationship with the people that might be possible business partners in the future".
Chairman of the professional mediator institution "Tatulas" Mavlina Khabieva elaborated on the benefits of mediation as a new form of dispute resolution involving a third, neutral, not an interested party in the conflict. Mavlina Khabieva told businessmen about application of mediation agreements, provided the list of registered professional mediators in WKO, gave many examples of a positive decision with the help of mediation. The representative of LLP "BatysTerminalTelekom", who was present at the meeting, spoke about the conflict with the employee of LLP, who was close to the retirement age, with whom the employment contract was terminated on the initiative of the enterprise, as a result of which he sued without notifying the company. Mavlina Khabieva showed on this example how important it is to include an item on the need for priority conflict resolution through a mediation agreement in the employment contract. "Thus, - she said - such situations will be excluded, because, first of all, the employee will apply to the Mediation Center, and they, in turn, will inform the other party of the conflict".
Mavlina Khabieva also presented statistics according to which 30-40% of all disputes go through the mediation process, in 85% of them the positive results are achieved.
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