Conciliation procedures in civil proceedings: Comparative legal aspect


Zhumayeva M. S. , Kassenova A. Z. , Zhailin G. A. , Tlegenova F. A. , Akhmetov Z. M.

CONFLICT RESOLUTION QUARTERLY, 2022 (Journal Indexed in ESCI) identifier identifier

  • Publication Type: Article / Article
  • Publication Date: 2022
  • Doi Number: 10.1002/crq.21343
  • Title of Journal : CONFLICT RESOLUTION QUARTERLY
  • Keywords: civil procedure, conciliation, European Union, mediation, negotiations

Abstract

Nowadays, the system of judicial settlement of disputes by means of conciliation correlates with the rule of law, has fundamental disagreements with extrajudicial and, accordingly, less formal instruments for resolving disputes-mediation, negotiations. Moreover, the advantage of the judicial conciliation procedure lies in the ability to ensure the implementation of the decision and its compliance with generally accepted values, and the interpretation of legal provisions is the business of officially authorized officials, and not specialists who act privately. The purpose of the paper is to conduct a comparative analysis of the legal regulation of approbation of conciliation procedures in civil proceedings. In the process of writing the paper, scientific and legal approaches to the essence of the procedure for conciliation in civil proceedings were identified; a comparative legal analysis of the specific features of legal regulation of conciliation procedures in civil proceedings in the territory of the European Union and in the post-Soviet space was carried out; the prospects for improving the investigated procedure were outlined. It can be concluded that the comparative study of the foundations of legal regulation of conciliation procedures in civil proceedings in the territory of the European Union and in the post-Soviet space showed the flexibility of the procedure under study, the multivariance of approaches to its implementation, and unity in supporting this method of resolving disputes.