LEGAL CONCILIATION AND MEDIATION: SUPPLEMENTING OR COMPETING PROCEDURES?

Abstract

The development of the theory and practice of conciliation procedures is one of the priority areas for the improvement of modern civil procedure, as evidenced by the periodic introduction of new conciliation procedures into civil procedural and arbitration legislation and the clarification and increasing detail of provisions on judicial conciliation. More recently, a new procedure - legal conciliation - has been introduced in civil proceedings, which at first sight may have a positive impact on the effectiveness of dispute resolution both in the general jurisdiction courts and in the arbitration courts. A practice of this conciliation procedure will help to reduce the overloaded courts, strengthen business relations and raise the level of legal culture. The author concludes about the advantages of legal conciliation over judicial mediation and indicates a positive trend in the development of conciliation institutions, that will have a beneficial impact on the achievement of the objectives of civil proceedings and reduce conflict in a wide range of areas of public life.