Decree of the Government of the Republic of Kazakhstan
dated July 3, 2011 No. 770
On the approval of the Rules for passing training under the mediator training program
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 DECIDES :
- To approve the attached Rulesfor training under the training program for mediators.
- This resolution is subject to official publication and shall be enforced from July 8, 2011.
|
Prime Minister Republic of Kazakhstan |
K. Masimov |
Approved by
Government Decree
Republic of Kazakhstan
dated July 3, 2011 No. 770
Rules for passing training on a mediator training program
- These Rules for training under the mediator training program (hereinafter - the Rules) are developed in accordance with paragraph 4 of Article 9 of theLaw 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 involving 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 esti and issuing certificates.
- The rules provide for the necessary minimum knowledge to obtain the status of a professional mediator, advanced training of a mediator and teaching mediation.
- The rules 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.
- Training of professional mediators is carried out according to the programs approved by the Organization of mediators, developed in accordance with the requirements of these Rules.
- The purpose of training under the mediator training program is 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.
- Training under the professional mediators training program is carried out in full-time.
- The contingent of students for the mediator training program is 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 mediate on a professional basis after they have reached the age of twenty-five.
- The training program for mediators consists of the curriculum “General course of mediation”, “Specialized course of mediation” and “Training course for trainers of mediators” (training for trainers).
- The “General Mediation Course” is intended to prepare everyone who wants to become a professional mediator who meets the requirements of Article 9 of theLaw and should be at least 48 hours in length. Prior to the training, a person must 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 an identity card or passport of a citizen of the Republic of Kazakhstan;
3) medical certificates from a narcological and psychiatric dispensary issued at the place of residence of a 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 not earlier than a month before its submission to the Organization of mediators, indicating information throughout the republic.
Persons who have completed a certificate under the General Mediation Course curriculum have the right to practice as a mediator on a professional basis without the right to teach mediation.
- The “Specialized Mediation Course” is intended for persons who have completed the “General Mediation Course”. The “Specialized Mediation Course” is intended to prepare a professional mediator for a specific specialization and should be at least 50 hours in length. Persons who have received a certificate in the “Specialized Mediation Course” curriculum practice as a mediator on a professional basis, including with a specific specialization, without the right to teach mediation.
- The “Training Course for Mediator Trainers” is intended to prepare a professional mediator who wants to conduct mediation training and should be at least 32 hours in length. In this case, a professional mediator must have certificates for the curriculum “General course of mediation” and “Specialized course of mediation”.
- The content of the curriculum is presented by an approximate curriculum for each educational program and topics according to appendices 1, 2and 3 .
- The training program for mediators provides for the theoretical part (lecturing), conducting practical classes, trainings, business games. In connection with the practical orientation of training of mediators, the volume of lecture classes cannot exceed 40 percent of the total volume of classes.
- Each of the three training programs for the training of mediators is completed by final certification and the issuance of a certificate, in the form in accordance with Appendix 4. The specified document is certified by the seal of the Organization of mediators conducting the training.
- The final certification includes two levels of testing the knowledge and skills of a mediator: theoretical knowledge is 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 committee consists of three members - two representatives of the Organization of mediators and one representative of another Organization of mediators.
- The results of the final certification are drawn up by a protocol signed by the members of the commission and are brought to the attention of students.
- The training group is formed by a number of not more than 15 people.
- Students during the classes are provided with educational and methodical material on paper (electronic) media.
- A person who has received the status of a mediator abroad and who wishes to carry out mediator activities in the Republic of Kazakhstan on a professional basis is relieved of the obligation to undergo training in the curriculum “General course of mediation” and “Specialized course of mediation”, but is subject to certification by the Organization of mediators, according to the approved training programs for professional training and advanced training of mediators with the issuance of an appropriate certificate.
Annex 1
to the decree of the Government
Republic of Kazakhstan
dated July 3, 2011 No. 770
Sample curriculum for the program "General course of mediation"
|
No. p / p |
Topic Title |
Total hours |
Including |
|
|
Lectures |
Workshops |
|||
|
1. |
The concept and types of alternative dispute resolution |
2 |
2 |
|
|
2. |
The concept of mediation |
2 |
2 |
|
|
3. |
The 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. |
Promotion of mediation and ethical standards in mediation |
2 |
1 |
1 |
|
17. |
Foreign experience in mediation |
2 |
2 |
|
|
18. |
Final control |
2 |
|
2 practical work, testing |
|
19. |
TOTAL |
48 |
30 |
18 |
P Appendix 2
to the decree of the Government
Republic of Kazakhstan
dated July 3, 2011 No. 770
Sample curriculum for the program "Specialized Mediation Course"
|
No. p / p |
Topic Title |
Total hours |
Including |
|
|
Lectures |
Workshops |
|||
|
one. |
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 the resolution of disputes arising from family relationships |
6 |
2 |
4 |
|
four. |
Features of the resolution of disputes (conflicts) in cases of minors |
5 |
2 |
3 |
|
five. |
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 |
|
eight. |
Social mediation. The use of mediation in neighboring disputes |
5 |
2 |
3 |
|
9. |
Interethnic features and mediation |
5 |
2 |
3 |
|
ten. |
Final control |
3 |
|
3 practical work, testing |
|
eleven. |
TOTAL |
50 |
18 |
32 |
P Appendix 3
to the decree of the Government
Republic of Kazakhstan
dated July 3, 2011 No. 770
Sample curriculum for the program "Training of trainers of mediators"
|
No. p / p |
Topic Title |
Total hours |
Including |
|
|
Lectures |
Workshops |
|||
|
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 practical work, testing |
|
6. |
TOTAL |
32 |
12 |
20 |
Etc. APPENDIX 4
to the decree of the Government
Republic of Kazakhstan
dated July 3, 2011 No. 770
|
____________________________________________ (name of the organization of mediators) |
|
CERTIFICATE
No. ________________________ (certificate number)
This Certificate certifies that ___________________________________________________________ (FULL NAME.) successfully graduated from the program training of mediators __________________________________________________ (name of the program)
________________________ __________________ (Name of the trainer-mediator) (signature)
________________________ __________________ (Name of the head (signature) mediator organizations) M.P. _______________________ (date of issue of certificate) |