Comparative analysis of mediation in the legislation of Kazakhstan and the People’s Republic of China

Abstract

This study addressed the growing importance of mediation in the legal frameworks of Kazakhstan and the Peopleʼs Republic of China, focused on the need for more efficient conflict resolution methods in both countries. The aim of this research was to explore the specific features of mediation as defined by the laws of these two nations, highlighting the similarities and differences in their legal systems. A variety of methods were employed in the study, including the comparative legal method, formal-legal analysis, and the method of synthesis and comparison. The analysis revealed that both Kazakhstan and China have developed robust frameworks for mediation, though they differ significantly in their cultural and legal approaches. In Kazakhstan, the mediation process is formalized and heavily regulated, with a strong emphasis on the certification and professionalization of mediators. In contrast, Chinaʼs system, rooted in Confucian traditions, allows for a more community-based approach with a broader scope, including minor criminal cases. The study found that while both countries value mediation as a non-adversarial means of conflict resolution, there is a need for further legislative development, particularly in Kazakhstan, to enhance public understanding and prevent potential abuses of the mediation system. Additionally, the study highlights the role of public education and the importance of integrating mediation into state-citizen dispute resolution processes. The practical value of this research lies in its potential use by policymakers and legal professionals in Kazakhstan and China, as it provides insights into improving mediation frameworks and ensuring their effectiveness in addressing modern societal conflicts