Conciliation procedures for participants in arbitration and civil proceedings

this article is devoted to the study of conciliation procedures as an effective dispute resolution tool in the framework of arbitration and civil proceedings. The relevance of the topic is due to the growing interest in alternative methods of conflict resolution, which can reduce the burden on the judicial system, shorten the time for consideration of cases and minimize the costs of the parties. The paper analyzes the regulatory framework governing the use of conciliation procedures in Russia, as well as key forms of reconciliation, such as mediation, settlement agreement and negotiations. Special attention is paid to the comparative analysis of the practice of using conciliation mechanisms in arbitration and civil proceedings, their similarities and differences are revealed. The problems associated with the introduction of conciliation procedures are investigated, including the lack of awareness of the participants in the process about the possibilities of reconciliation, the low activity of judges in facilitating dispute resolution, as well as the lack of a unified methodology for the application of these procedures. Based on the analysis, recommendations are proposed for improving legislation and practice aimed at improving the effectiveness of conciliation procedures. In particular, the need to expand information support for the parties, introduce mandatory consultations on reconciliation issues at the early stages of the process, as well as develop standards for mediators and other participants in conciliation procedures is justified. The article is of interest to judges, lawyers, mediators, researchers, and anyone involved in improving the judicial system and alternative dispute resolution. The results of the research can be used for further development of legislation and practice in the field of conciliation procedures, as well as for raising the level of legal culture of participants in arbitration and civil proceedings.

conciliation procedures, mediation, settlement agreement, arbitration, civil procedure, alternative dispute resolution, judicial system, mediator search, procedural reconciliation, current legislation