About the legal nature, principles and legal status of participants in the judicial conciliation procedure

Abstract

The article is devoted to the consideration of questions about the legal nature of the institution of judicial conciliation, its principles, the legal status of a judicial conciliator, the procedural rights and obligations of participants in judicial conciliation in civil and arbitration proceedings. The author proceeds from the fact that the judicial conciliation procedure is implemented within the framework of civil, arbitration and administrative legal proceedings, regulated by the norms of procedural legislation, due to which it is a kind of public law activity. Accordingly, a conclusion is made about the public powers of the judicial conciliator and the “vertical” nature of the relationship connecting him with the parties to the legal conflict during the judicial conciliation procedure. At the same time, attention is drawn to the specific nature of the direction of judicial reconciliation (not the resolution of the conflict, but its settlement), as well as the specific principles of this procedure (confidentiality). The procedural rights and obligations of the parties to judicial reconciliation, which are derived from the general rights and obligations of the parties in arbitration proceedings, are analyzed. The question of the relationship between the principles of judicial conciliation procedure and the general principles of civil and arbitration proceedings is also considered. Unlike out-of-court conciliation, judicial conciliation procedures are part of the general civil procedural form, therefore their organization and conduct must be carried out in accordance with the principles of civil and arbitration process.