Mediation committee

The Mediation Committee is a standing body of the Association of Insurance Agents and Brokers. It develops the practice of pre-trial settlement of disputes between policyholders, insurance companies and insurance intermediaries through mediation, helps agents and brokers master negotiation skills and prepares standard solutions for contract work. The Committee relies on the Law of the Republic of Kazakhstan "On Mediation", the Law of the Republic of Kazakhstan "On Insurance Activity" and the internal documents of the association.

Objectives of the Committee

• Facilitating pre-trial settlement of disputes between policyholders, insurers and insurance intermediaries in the manner provided for by the Law "On Mediation".
• Explaining the principles of mediation to the parties to a dispute: voluntariness, equality of the parties, independence and impartiality of the mediator, and confidentiality.
• Preparing standard mediation clauses for contracts concluded by insurance agents and brokers, as well as recommendations on their use.
• Organising training for insurance intermediaries in negotiation skills, handling complaints and preventing conflicts with clients.
• Cooperating with professional mediators and mediator organisations.
• Summarising dispute settlement practice in anonymised form and preparing recommendations for members of the association.

Goals of the Committee

The main goal of the Committee is to make mediation a familiar and accessible way of resolving insurance disputes. Negotiations involving an independent mediator save the parties time and money, preserve business relationships and reduce the burden on the courts. The Committee also strives to ensure that an insurance intermediary is able to recognise a conflict at an early stage and offer the client a clear way to resolve it, and that contracts provide in advance for the possibility of resorting to mediation.

Regulations on the Committee

The status, functions and procedures of the Committee are defined by the Regulations on the Mediation Committee. The main provisions of the document are:

• the Committee is a standing body of the association and is accountable to the Board;
• the Committee does not consider disputes on their merits and does not issue decisions binding on the parties: it facilitates recourse to mediation, while the procedure itself is conducted by a mediator;
• mediation is possible only with the voluntary consent of all parties to the dispute;
• information about specific disputes and their participants is not disclosed and is used only in anonymised form;
• a Committee member with a personal interest in a matter does not take part in the vote on it;
• meetings are held at least once a quarter; decisions are taken by a simple majority of votes and take effect after approval by the Board.

The full text of the Regulations on the Committee and the Memorandum of Cooperation are available below in PDF format.

Structure of the Committee

• The Chair of the Committee organises the work, convenes and chairs meetings, and reports to the Board.
• Committee members are representatives of association members with experience in settling insurance disputes or training in mediation.
• The Secretary of the Committee prepares materials for meetings, keeps minutes and maintains records of incoming requests.

To work in specific areas, the Committee may set up working groups and engage mediators and experts on an advisory basis.

Reporting line

The Committee is accountable to the Board of the association. The Chair of the Committee is appointed or elected by the Board, which also approves the Committee's decisions. The Committee regularly informs the Board of its work and submits proposals on the association's internal documents. On matters affecting consumer rights or professional ethics, the Committee cooperates with the Committee for the Protection of the Rights of Consumers of Insurance Services and the Disciplinary Committee.

Role of the Committee

The Committee connects insurance market participants with the professional community of mediators. It does not replace the court or take the place of the mediator, but helps the parties choose the path of negotiation, prepare contracts with a mediation clause and find a qualified specialist. For insurance agents and brokers, the Committee is a source of methodological materials and practical recommendations on handling disputes, and for clients it is a clear point of entry into the mediation procedure.

Proposals for cooperation and requests for assistance in settling a dispute can be sent via the "Contacts" section. The association's internal documents are collected in the "Documents" section.