Mediation as a way to resolve corporate disputes


  • Vera Kapatsina Caspian University
  • Saida Akimbekova
  • Gulmira Nurtayeva



The actuality of the scientific research

is determined by the need of finding the most effec-
tive way of resolving corporate disputes, which are

caused by the creation of new social relations in the
sphere of management in a post-soviet environment.
The research aims to analyze mediation procedures

as a way of resolving corporate disputes with the ac-
count of Kazakhstan Republic’s national legislation

peculiarities. Amongst used approaches, the dog-
matic method, synthesis method, juristic hermeneutics

method, logical analysis method, theoretical approach,

induction method, and others were used in the re-
search. Comparative-juristic analysis was conducted

in the research, which allowed us to investigate the
modern state of corporate dispute prevention and

resolution mechanisms in the context of juristic prac-
tices of European Union countries and Kazakhstan.

Analysis of this segment has shown that the current
mediation practice of resolving corporate disputes has
several drawbacks and problems, which causes a need
of implementing international practice into the law
enforcement practice of Kazakhstan while addressing
all the peculiarities of current national legislation. An

analysis of the corporate dispute resolution mecha-
nism was conducted, which allowed highlighting key

characteristics, attributes, and functioning principles
of the segment. During the current national basis
analysis, the adoption of the Law “On mediation”
caused several amendments in the legislative acts.
Even though, norm regulation still has problematic
aspects. The practicality of acquired results is in the
ways of fixing issues with corporate dispute resolution
via mediation mechanism functioning.




Como Citar

Kapatsina, V., Akimbekova, S., & Nurtayeva, G. (2023). Mediation as a way to resolve corporate disputes. Revista Brasileira De Estudos Políticos, 127(2).