Примирительные процедуры в процессуальном праве и законодательстве (на примере судебной медиации и судебного примирения)

Abstract

The article examines the role of conciliation procedures in civil, arbitration and administrative processes, as well as the specifics of judicial mediation and a new conciliation procedure – judicial reconciliation with the participation of a judicial conciliator. It is noted that the institutionalization of conciliation procedures and the expansion of their types are necessary to optimize the judicial process and strengthen its dispositive principles. A comparative analysis of judicial mediation and judicial reconciliation is carried out. The article considers the unity of their principles, consensuality, partial integration into the judicial process, non-jurisdictional nature; the active role of the mediator and the judicial conciliator during the mediation and judicial reconciliation procedure; a high degree of self-regulation by the parties. The differences between judicial mediation and judicial reconciliation in the order of conduct are substantiated, as well as the differences in the legal status of the mediator and the judicial mediator are explained. The necessity of fixing the measures of responsibility for the judicial conciliator in the implementation of the judicial reconciliation of the parties is substantiated. The conclusion is made about the prospects of mediation and judicial reconciliation in the legal system of Russia.