Abstract
The article examines the problems of effective improvement of a new conciliation procedure in the Russian litigation-judicial reconciliation. The study was carried out based on the results obtained during legal experiments on the integration conciliation procedures into civil proceedings, which took place in the Sverdlovsk region in 2011 – 2014 and in the Lipetsk region – in 2013 – 2014. The study analysed the possibility of attributing judicial conciliation to the models of conciliation procedures (private or integrated). Authors concluded that it is impossible to classify judicial conciliation as only one certain model due to the presence of features from both private and integrated models of conciliation procedures. The authors carried out comparative analysis between the judicial conciliation and mediation. Overall, the conclusion is the following - the requirements for a mediator and for a judicial conciliation should be identical in terms of qualifications. In order to obtain qualifications, a judicial conciliator must undergo special training. The implementation of the set out conclusions on the need for special training of judicial conciliators will lead to an increase in the effectiveness of the application of the judicial conciliation procedure and, as a consequence, to a caseload decrease.
Highlights
Amendments to the Civil Procedure Code, Commercial Procedure Code, as well as the Administrative Procedure Code that were made by the Federal Law of July 26, 2019 No 197-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" were analyzed in many ways by researchers in last few years [1, 2]
An empirical basis for the study consists of the materials and results of two legal experiments: 1) an experiment conducted on the territory of the Sverdlovsk region from 2011 to 2014, 2) an experiment organized on the territory of the Lipetsk region in the period from 2013 to 2014
Judicial conciliation is an independent type of conciliation procedures that includes features of integrated and private models of conciliation procedures
Summary
Amendments to the Civil Procedure Code, Commercial Procedure Code, as well as the Administrative Procedure Code that were made by the Federal Law of July 26, 2019 No 197-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" were analyzed in many ways by researchers in last few years [1, 2]. The Explanatory Note to the draft of the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of Conciliation Procedures" says that in Russian society there is a high need for affordable and effective dispute settlement mechanisms. It has to improve the quality of justice by optimizing the judicial burden, and reduce conflicts, strengthen social and business ties, establish and develop partnerships, foster a respectful attitude towards the law, as well as raise legal awareness and social activity [3]
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