Conciliation procedures in civil proceedings: Comparative legal aspect

• Published in: Conflict resolution quarterly Vol. 40; no. 1; pp. 61 - 74
• Main Authors: Zhumayeva, Mariya S., Kassenova, Aigul Zh, Zhailin, Gabiden A., Tlegenova, Fatima A., Akhmetov, Zhassulan M.
• Format: Journal Article
• Language: English
• Published: Hoboken, USA Wiley Periodicals, Inc 2022
• Subjects: civil procedure; conciliation; Conciliation (Civil procedure); Dispute resolution (Law); European Union; Mediation; Negotiation; negotiations; Procedure (Law); EUROPEAN UNION
• ISSN: 1536-5581; 1541-1508
• DOI: 10.1002/crq.21343

Nowadays, the system of judicial settlement of disputes by means of conciliation correlates with the rule of law, has fundamental disagreements with extra-judicial 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 multi-variance of approaches to its implementation, and unity in supporting this method of resolving disputes.