Conditions of application and types of judicial conciliation procedures

Makarenko Natalya Nikolaevna

This article discusses the currently unknown reconciliation procedures, and more specifically, the conditions for the application of judicial conciliation procedures, as well as their types. Within the framework of a comparative legal approach, the author compares the conditions of application and the types of judicial conciliation procedures with the mediation procedure already existing in the Russian legal order. The author notes, in particular, that the conditions for the application of the judicial conciliation procedure possess a number of features in comparison with the mediation procedure. As the distinguishing features of the terms of reconciliation of judicial reconciliation, the author highlights: the lack of fees for conducting the procedure of judicial reconciliation; optional (voluntary) or the condition of the presence of wills of the two parties to the conditions of judicial reconciliation; initiation of legal proceedings in the case as an indispensable condition for conducting judicial conciliation; as well as the condition of “media effectiveness” of a legal dispute as a substantive condition for the application of the judicial conciliation procedure.

Keywords:Court reconciliation, mediation, conditions, judicial authority, conciliation procedures, legal proceedings, filing a lawsuit, civil litigation, arbitration proceedings, process.