The concept and types of alternative settlement procedures civil disputes

Abstract

The article reveals the main sources of legislative regulation of conciliation procedures used in resolving disputes and conflicts arising in civil law. The development of conciliation procedures is one of the priorities for improving the existing dispute settlement mechanisms in the Republic of Kazakhstan and protecting the violated rights of citizens. Conciliation procedures with the involvement of a mediator – not a story of modern reality, and they existed before, along with the judicial procedure for the consideration of disputes. In Kazakhstan, the lack of «alternative» dispute resolution mechanisms has become particularly noticeable in the field of business relations in the 1990s. From the beginning of the 2000s to the present day, the use of the terms «alternative dispute resolution» (ARS) and «mediation» is gaining momentum, they become the subject of study of the theory of procedural science and in practice.Currently, the Republic of Kazakhstan is striving to form a regulatory framework in the field of alternative ways of resolving civil disputes. The adoption of different in terms of legislation in this area has created the creation of a new theory on the formation of a new branch of law, the law of alternative
dispute resolution or, in other words, «private procedural law». We believe that regardless of the recognition
or non-recognition of the existence of a new branch of law, a relatively independent group of norms
has already formed in relation to conciliation procedures, which includes special norms.
Key words: legislation, legislative regulation, conciliation procedures, alternative resolution.