Judicial Conciliation: Problems and Prospects

Abstract

The principle of voluntariness of participation in the conciliation procedure, with passive behavior of the parties, should not act as an obstacle for the initial appeal of the parties to the judicial conciliator to discuss the prospects for a peaceful settlement of the dispute and conduct judicial conciliation. Such an appeal should be initiated by the court when it detects the possibility of reconciliation of the parties and there are no objections of the parties, or by virtue of a direct indication in the law on the need for a conciliation procedure in certain categories of cases.