Participation and role of the court in conciliation of the parties in arbitration proceedings

Abstract

We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.