Role of mediation and its application features in the sphere of legal relations

Abstract

The article is devoted to the study of the application features of mediation in the sphere of legal relations. It is noted that the excitement rose around it for today is very far from its real significance. Author highlights true reasons for the increased demand for the use of mediation in the sphere of legal relations. The emphasis is on two main options for its use. The first – as a simple and additional instrument to existing forms of legal proceedings. And the second – as extrajudicial and pretrial detention. For example, Russia which relied on the achievements of conflictology gave preference to the second option. In Kazakhstan, where conflictology has not yet been given due attention, the scope of mediation application has been completely under the jurisdiction of laws. Hence, the mediators are judges and lawyers whose professional activities are far from the specifics of the mediator's activity. In addition, it seems that most of the so-called «professional» mediators have a vague idea of conflictology and its meaning as a science. As a result, it is concluded that in order to preserve peace, strengthen public consent in the country, in resolving various disputes (conflicts) more important is not so much the possession of various kinds of procedural techniques mostly borrowed from abroad but a skill not to bring life situations to real conflicts on a scientific basis.