On approval of the Rules for Passing Training under the Mediator Training Program

Invalidated

Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011. Abolished by the Decree of the Government of the Republic of Kazakhstan dated July 28, 2023 No. 620

Unofficial translation

A footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated July 28, 2023 No. 620 (it is put into effect after ten calendar days after the date of its first official publication).

In order to implement paragraph 4 of Article 9 of the Law of the Republic of Kazakhstan dated January 28, 2011 "On Mediation", the Government of the Republic of Kazakhstan HEREBY DECREES AS FOLLOWS:

1. That the attached Rules for Passing Training under the Mediator Training Program shall be approved.

2. This Decree shall be subject to official publication and shall be enforced from July 8, 2011.

Prime Minister of the Republic of Kazakhstan

K. Massimov

Approved by Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011

Rules for Passing Training under the Mediator Training Program

1. These Rules for Passing Training under the Mediator Training Program (hereinafter - the Rules) are developed in accordance with paragraph 4 of Article 9 of the Law of the Republic of Kazakhstan dated January 28, 2011 "On Mediation" (hereinafter - the Law) and are intended for the training of professional mediators in the field of dispute resolution (conflicts) arising from civil, labor, family and other legal relations with the participation of individuals and (or) legal entities, as well as those considered in the course of criminal proceedings in cases of crimes of small and medium gravity and with the issuance of appropriate certificates.

2. The Rules shall provide the necessary minimum knowledge to obtain the status of a professional mediator, advanced training of a mediator and teaching mediation.

3. The Rules shall serve as the basis for the development and approval by organizations implementing, in accordance with the Law, professional training and advanced training of mediators (hereinafter referred to as the Organization of Mediators) of specialized training programs for the professional training and advanced training of mediators.

4. The training of professional mediators shall be carried out according to the programs approved by the Organization of Mediators developed in accordance with the requirements of these Rules.

5. The purpose of training under the mediator training program shall be to provide students with knowledge, skills, and the acquisition of skills necessary to conduct activities as a mediator on a professional basis, to teach mediation and advanced training.

6. Training under the professional mediator program shall be based on intramural form of study.

7. The contingent of students for the mediator training program shall be composed of specialists with higher education. Persons under the age of twenty-five can receive training with the status of a professional mediator, but they receive the right to conduct mediator activities on a professional basis after reaching twenty-five years.

8. The training program for mediators shall consist of the curriculum "General Course of Mediation", "Specialized Course of Mediation" and "Training Course for Trainers of Mediators" (training for trainers).

9. The “General Mediation Course” shall be designed to prepare everyone who wants to become a professional mediator, who meets the requirements of Article 9 of the Law, and shall be at least 48 hours in length. Prior to the training, a person shall submit the following documents to the Organization of Mediators:

1) a copy of the diploma of higher education (a notarized copy in case of failure to submit the original diploma for verification);

2) a copy of the identity card or passport of a citizen of the Republic of Kazakhstan;

3) medical certificates from the narcological and psychiatric dispensaries issued at the place of residence of the person not earlier than a month before their submission to the Organization of Mediators;

4) a certificate of no criminal record issued at the place of residence of the person no earlier than a month before its submission to the Organization of Mediators, indicating information throughout the Republic.

Persons who have received a certificate for the General Mediation Course curriculum shall have the right to practice as a mediator on a professional basis without the right to teach mediation.

10. The “Specialized Mediation Course” shall be intended for persons who have completed the “General Mediation Course”. The “Specialized Mediation Course” shall be intended to prepare a professional mediator for a specific specialization and shall be at least 50 hours in length. Persons who have received a certificate under the curriculum "Specialized Mediation Course" shall conduct practical activities as a mediator on a professional basis, including with a specific specialization, without the right to teach mediation.

11. The “Training Course for Mediator Trainers" shall be intended to prepare a professional mediator who wants to conduct mediation training and shall be at least 32 hours in length. In this case, a professional mediator must have certificates for the curriculum "General Mediation Course" and "Specialized Mediation Course."

12. The content of the curriculum shall be presented by an exemplary curriculum for each educational program and topics according to appendices 1 , 2 and 3 .

13. The training program for mediators shall provide a theoretical part (lecturing), conducting practical classes, trainings, business games. In connection with the practical orientation of training mediators, the volume of lecture classes cannot exceed 40 percent of the total volume of classes.

14. Each of the three training programs for the training of mediators shall be completed by final certification and the issuance of a certificate, in the form in accordance with Appendix 4 . The specified document shall be certified by the seal of the Organization of Mediators conducting the training.

15. The final certification shall include two levels of testing the knowledge and skills of a mediator: theoretical knowledge are tested on an exam in the form of an interview or testing; practical skills are tested and evaluated based on the results of simulation mediation, conducted by the examination committee, the composition of which is determined by the head of the organization conducting the training. Moreover, the examination commission shall consist of three members - two representatives of the Organization of Mediators and one representative of another Organization of Mediators.

16. The results of the final certification shall be made out by a protocol signed by the members of the commission and shall be brought to the attention of students.

17. The training group shall be formed by a number of not more than 15 people.

18. Students in the classroom shall be provided with educational material on paper (electronic) media.

19. A person who has received the status of a mediator abroad and wants to carry out mediator activities in the Republic of Kazakhstan on a professional basis shall be relieved of the obligation to undergo training under such curricula as “General Mediation Course” and “Specialized Mediation Course”, but shall be subject to certification by the Organization of Mediators, according to approved training programs for professional training and advanced training of mediators with the issuance of the corresponding certificate.

Appendix 1 to Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011

Sample curriculum under the program: "General Mediation Course"

No. s/o	Topic Title	Total hours	Including
			Lectures	Practical classes
1.	The concept and types of alternative dispute resolution	2	2
2.	The concept of mediation	2	2
3.	Legislation of the Republic of Kazakhstan on mediation	1	1
4.	Basic principles of mediation	2	2
5.	Mediation tools	6	2	4
6.	Perception and communication in mediation	8	4	4
7.	Mediator and mediation procedure	2	2
8.	Rules for conducting mediation	2	2
9.	Mediation result	1	1
10.	Information in mediation	1	1
11.	Work with the interests of the parties	6	2	4
12.	Features of the negotiation process in mediation	4	2	2
13.	Involvement of representatives of the parties, experts and other persons to participate in the mediation process	1	1
14.	Concept and classification of conflicts	2	2
15.	Work with objections in mediation	2	1	1
16.	Mediation Promotion and Ethical norms in mediation	2	1	1
17.	Foreign experience in mediation	2	2
18.	Final control	2		2 work with the practical task, testing
19.	TOTAL	48	30	18

Appendix 2 to Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011

Sample curriculum for the program "Specialized
Mediation Course"

No. s/o	Topic Title	Total hours	Including
			Lectures	Practical classes
1.	Features of the resolution of disputes arising from civil matters	5	2	3
2.	Features of the resolution of disputes arising from labor relations	5	2	3
3.	Features of resolving disputes arising from family relationships	6	2	4
4.	Features of the resolution of disputes (conflicts) in cases of minors	5	2	3
5.	Features of conflict resolution in criminal matters	6	2	4
6.	Features of resolving corporate disputes	5	2	3
7.	The use of mediation in the field of environmental protection	5	2	3
8.	Social mediation. The use of mediation in neighboring disputes	5	2	3
9.	Interethnic features and mediation	5	2	3
10.	Final control	3		3 work with the practical task, testing
11.	TOTAL	50	18	32

Appendix 3 to Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011

Sample curriculum for the program
"Training of Mediator Trainers"

No. s/o	Topic Title	Total hours	Including
			Lectures	Practical Classes
1.	The basics of mediation training	7	3	4
2.	Work with a group in teaching mediation	7	3	4
3.	Game interaction in teaching mediation	7	3	4
4.	Individual work of a mediation trainer	8	3	5
5.	Final control	3		3 work with the practical task, testing
6.	TOTAL	32	12	20

Appendix 4 to Decree of the Government of the Republic of Kazakhstan No. 770 dated July 3, 2011

______________________________________________________________ (name of the organization of mediators)

CERTIFICATE No. ______________________ (certificate number) This is to certify that ________ ______________________________________________________ (FULL NAME.) has successfully completed the mediator training program ____________________________ (program name) __________________________ __________________ (full name of trainer- mediator) (signature) __________________________ __________________ (Name of the head of (signature) mediator organizations) stamp here ________________________ (date of issue of certificate )