Peculiarities of negotiating by a barrister during reconciliation within pre-trial investigation

Abstract

So far, the current legislation provides the parties of the criminal proceedings for the right of reconciliation. Moreover, the Criminal and Criminal Procedure Codes provide for grounds, participants, stages of the reconciliation process. Nevertheless, the most crucial point for attainment of peace between the parties are direct negotiations of the victim and suspected person or defendant. It is logical that legislator doesn’t set limits and make recommendations upon negotiating process. The purpose of the article is to identify the main stages of negotiation with a view to reconciling the suspect and the victim in the pre-trial investigation and outlining known negotiation techniques that may be helpful to the lawyer in the process of communication between the parties in the context of reconciliation. It is stated, that the barrister is an irreplaceable member of the negotiating process during reconciliation within criminal proceedings. He can not only legally qualify the parties` interests, but also, based on his own experience and scientific awareness, can help achieve effective results of the negotiations. Meanwhile, the author justifies the necessity of additional awareness of the barrister with respect to negotiating and psychology aimed at speeding up of negotiations and establish contact with each party and between the parties. It is determined that the knowledge of classical communication techniques and the research of new communication techniques will increase the level of negotiation efficiency and, as a consequence, the successful resolution of conflicts. Given that reconciliation negotiations are often considered successful when satisfy the interests of all parties, development of communication skills based on the above mentioned techniques will help to reach consensus. The author seeks to analysis of the familiar negotiating techniques and making predictions about the implementation of theories within criminal procedural practice as well as illustration of the causal link between the lawyer's negotiating skills and the parties' possible reactions. The stage of the negotiation process is illustrated, taking into account the following categories: personal characteristics of the parties, the preparatory process, tactics and techniques of communication and feedback of the parties.