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1
Gayo, Sabela. „Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option“. International Asia Of Law and Money Laundering (IAML) 2, Nr. 1 (06.03.2023): 25–32. http://dx.doi.org/10.59712/iaml.v2i1.56.
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Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolving disputes. In the settlement of industrial disputes, mediation is used as the main instrument for resolving a wider scope than conciliation. Mediation can deal with disputes of rights, interests, termination of employment (layoffs) and disputes between unions within one company. Conciliation makes progress limited to conflicts of interest, termination, and disputes between unions in one company. Although in fact most of the industrial disputes involving rights disputes. The mediation and conciliation stationery comprehensively summarizes the advantages and disadvantages of each of these tools
2
Rebayla, Ethel Jhoann T., Joan M. Segre, Maria Antoniette V. Rojas und Waliza Indita. „Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region“. International Journal of Multidisciplinary: Applied Business and Education Research 4, Nr. 1 (19.01.2023): 222–49. http://dx.doi.org/10.11594/ijmaber.04.01.21.
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This study aimed to determine the Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region. It employed the descriptive-quantitative method of research using the researchers-made instrument to gather data from the 60 employees of the National Labor Relations Commission. They served as respondents to the study. The researcher personally distributed the tool using the random sampling technique because the researchers distributed the questionnaire to every member of the population and gave them an equal chance of being selected. It was discovered that most respondents were in the age range of 51-60 years old and above, female, married, and 26 years and above in the government service. When the effectiveness of the conciliation medication was tested, the result yielded that the Conciliation Mediation Process, Duration of the Process, Conciliator Mediator Skills, and Termination of the Conciliation Mediation Process in terms of efficacy, efficiency, and reliability were highly effective. Taking into account the result of the study, it was recommended that regular training for conciliators mediators should be conducted so that their skills in settling preliminary labor disputes may be enhanced and which will result in more future settlements between the parties involved. It is also recommended that the conciliator mediators increase their commitment to accommodate all requests and possible assistance to our laborers. It is likewise prudent to train new and incoming conciliator mediators so that as early as now, they will be given a chance to experience and explore handling conciliation mediation.
3
Tyumeneva, Natalia Vl. „Conciliation procedures in procedural law and legislation (on the example of judicial mediation and judicial reconciliation)“. Law Нerald of Dagestan State University 43, Nr. 3 (2022): 123–29. http://dx.doi.org/10.21779/2224-0241-2022-43-3-123-129.
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The article examines the role of conciliation procedures in civil, arbitration and administrative processes, as well as the specifics of judicial mediation and a new conciliation procedure – judicial reconciliation with the participation of a judicial conciliator. It is noted that the institutionalization of conciliation procedures and the expansion of their types are necessary to optimize the judicial process and strengthen its dispositive principles. A comparative analysis of judicial mediation and judicial reconciliation is carried out. The article considers the unity of their principles, consensuality, partial integration into the judicial process, non-jurisdictional nature; the active role of the mediator and the judicial conciliator during the mediation and judicial reconciliation procedure; a high degree of self-regulation by the parties. The differences between judicial mediation and judicial reconciliation in the order of conduct are substantiated, as well as the differences in the legal status of the mediator and the judicial mediator are explained. The necessity of fixing the measures of responsibility for the judicial conciliator in the implementation of the judicial reconciliation of the parties is substantiated. The conclusion is made about the prospects of mediation and judicial reconciliation in the legal system of Russia.
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Zamroni, Mohammad. „MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT“. Yustisia Jurnal Hukum 10, Nr. 2 (28.08.2021): 240. http://dx.doi.org/10.20961/yustisia.v10i2.48667.
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<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>
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EVTUKHOVICH, E. A., und D. G. FILCHENKO. „JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR“. Herald of Civil Procedure 10, Nr. 6 (25.01.2021): 265–93. http://dx.doi.org/10.24031/2226-0781-2020-10-6-265-293.
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The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme Court of the Russian Federation, the Concept of a unified civil procedure code. The authors pay attention to the experience of foreign states in the formation of the institution of judicial conciliation procedures. The notion of judicial conciliation is considered in detail, as well as individual consequences of the consolidation of provisions on judicial conciliation in legislation. Authors conducted an independent analysis in order to compare and distinguish between judicial conciliation and mediation. For this, the authors have formulated the necessary criteria. The consequences of the appeal of the parties to the dispute to judicial conciliation are revealed. The specifics of regulating relations in organizing and conducting judicial conciliation, as well as the results of an appeal to judicial conciliation, have been established. Most of the article is devoted to the status of the judicial conciliator. The requirements for it are considered. The features of the position of the judicial conciliator in the organization and conduct of judicial reconciliation are revealed. Attention is paid by the authors to the formation of lists of judicial conciliators. The features of financing the activities of judicial conciliators are noted.
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Ivanova, Ekaterina, Galina Sheremetova und Elizaveta Solomeina. „Judicial Conciliation: Conditions for Effective Development“. SHS Web of Conferences 134 (2022): 00099. http://dx.doi.org/10.1051/shsconf/202213400099.
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The article examines the problems of effective improvement of a new conciliation procedure in the Russian litigation-judicial reconciliation. The study was carried out based on the results obtained during legal experiments on the integration conciliation procedures into civil proceedings, which took place in the Sverdlovsk region in 2011 – 2014 and in the Lipetsk region – in 2013 – 2014. The study analysed the possibility of attributing judicial conciliation to the models of conciliation procedures (private or integrated). Authors concluded that it is impossible to classify judicial conciliation as only one certain model due to the presence of features from both private and integrated models of conciliation procedures. The authors carried out comparative analysis between the judicial conciliation and mediation. Overall, the conclusion is the following - the requirements for a mediator and for a judicial conciliation should be identical in terms of qualifications. In order to obtain qualifications, a judicial conciliator must undergo special training. The implementation of the set out conclusions on the need for special training of judicial conciliators will lead to an increase in the effectiveness of the application of the judicial conciliation procedure and, as a consequence, to a caseload decrease.
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Nitschke, Frauke. „Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation“. BCDR International Arbitration Review 6, Issue 2 (01.12.2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.
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The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.
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Polich, S. B. „INSTITUTE OF JUDICIAL RECONCILIATION: SCIENTIFIC AND PRACTICAL FORECASTS“. Issues of Law 20, Nr. 4 (2020): 50–52. http://dx.doi.org/10.14529/pro-prava200407.
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The article denotes judicial conciliation as one of the new institutions of mediation, it is argued that a judicial conciliator, as a professional mediator, is simultaneously “engaged” in judicial activity, a priori it is argued that a retired judge by virtue of his status is precisely a professional mediator, it is proposed to qualify the powers judicial conciliator as judicial activity
9
Goodman, Ronald E. M. „Conciliation, Mediation and Dispute Resolution“. Proceedings of the ASIL Annual Meeting 90 (1996): 75–78. http://dx.doi.org/10.1017/s0272503700085803.
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Karimullina, Alsu R. „The Efficiency of Mediation Procedures in the Russian Federation“. Arbitrazh-Civil Procedure 1 (21.12.2023): 16–21. http://dx.doi.org/10.18572/1812-383x-2024-1-16-21.
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The relevance of the effectiveness stated in the article, including the problems of conciliation procedures in the Russian Federation, is due to the fact that they occupy an important place in the public life of civil society. The article analyzes the legal mechanisms of pre-trial settlement of conflicts and disputes between the parties with the help of conciliation procedures with the participation of a mediator. The purpose of the article is to study the opportunities provided by the law for the implementation by the courts of the tasks of reconciliation of participants in disputable legal relations. Here, some problems of judicial conciliation in resolving disputes are analyzed. Some changes in procedural legislation are proposed, as well as a set of organizational and financial measures aimed at developing and popularizing conciliation procedures in Russian society. The rather rapid development of entrepreneurship in the country has also led to a large number of controversial issues in doing business, which has led to an increased interest in the rapid resolution of disputes through conciliation procedures. Increasing the effectiveness of decision-making by the method of reconciliation requires a deep analysis of the adopted regulations. The author analyzed the legal support of conciliation procedures, briefly defined the principles of conciliation procedures, noted the distinctive features of the procedures. A brief analysis of the various criteria by which the effectiveness of the conciliation activity of the mediator is assessed is given, the necessary requirements for the full-fledged activity of the mediator himself are outlined. The results of the study can be used to develop an effective legal framework for the development of the institution of conciliation procedures in the Russian Federation.
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Ivanova, Ekaterina A., und Galina S. Sheremetova. „Conciliation Procedures: Issues of Application in a Civil Procedure“. Arbitrazh-civil procedure 11 (29.10.2020): 24–26. http://dx.doi.org/10.18572/1812-383x-2020-11-24-26.
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The article is devoted to some leading issues that appeared both before and during the modernization of the civil procedure in the area of the conciliation procedures development. Firstly, the authors analyzed the issue of including the conciliation (mediation) period in the general period of the trial, as well as the issue of unification of the conciliation periods application in civil and commercial procedures, administrative proceedings and legislation on mediation. Secondly, the authors kept up to date the issue of popularizing conciliation procedures among citizens, the solution of which is proposed to be achieved by teaching special skills of the judiciary for the effective implementation of conciliation in the civil procedure.
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Ablaeva, Elvira Bekbolatovna, Anel Rakhmetzhanovna Ensebayeva, Samal Malikovna Mukhtarova, Saltanat Bakytzhanovna Sautbayeva und Mukhtarhan Aidarkhanovich Utanov. „JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN“. Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, Nr. 75 (29.12.2023): 102–14. http://dx.doi.org/10.52026/2788-5291_2023_75_4_102.
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The paper describes the main stages of the emergence, formation and development of judicial mediation in Kazakhstan civil proceedings. The legislation on judicial mediation and the practice of judicial mediation have been studied. The achievements of the judiciary in the settlement of disputes arising from various spheres of legal relations through conciliation procedures, including judicial and classical mediation, are noted. The socio-legal significance of conciliation procedures, which include elements forming the institution of restorative justice, is determined. The study of the conciliation procedure of judicial mediation allowed the authors to establish that today the assistance of courts, conciliation judges, retired judges to the peaceful settlement of disputes is an effective measure to reduce the level of conflict among the population and unloading of courts. Meanwhile, as judicial practice shows, the assistance of courts to the peaceful settlement of a dispute has a positive effect on increasing the level of legal culture of the population and its confidence in the judiciary. The authors show the consistency of judges, conciliatory judges, retired judges in the peaceful settlement of a dispute, the relevance of the conciliation procedure of judicial mediation in society. In the course of the research, normative legal acts regulating the procedure for the peaceful settlement of disputes, conceptual and strategic documents on the development and improvement of the national judicial system, pilot projects of the Supreme Court of the Republic of Kazakhstan on reconciliation in court, before court and outside court, statistical data of courts on conducting conciliation procedures were used.
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Knieper, Judith. „The Making of the UNCITRAL Mediation Framework“. BCDR International Arbitration Review 6, Issue 2 (01.12.2019): 239–60. http://dx.doi.org/10.54648/bcdr2019002.
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The UNCITRAL mediation framework consists of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the Model Law on International Commercial Conciliation, 2002) and the Conciliation Rules.The UNCITRAL mediation framework will be supplemented by updated mediation rules as well as notes on mediation, which are currently on UNCITRAL’s agenda. This framework is the result of the typical inclusive and transparent UNCITRAL drafting process and will hopefully contribute to the strengthening of mediation worldwide and make it an attractive and flexible dispute resolution tool.
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Makarenko, Natal'ya Nikolaevna. „Settlement and other results of the procedure of judicial conciliation“. Юридические исследования, Nr. 8 (August 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.8.33745.
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This article is dedicated to the question of the essence of a settlement within the framework of judicial conciliation procedure. The issue is being explored from comparative perspective, where the essence of a settlement within the framework of judicial conciliation procedure is compared to the essence of a similar institution in terms of mediation procedure. The work examines legal precedent and doctrinal opinions of experts on the issues of legal essence of judicial conciliation as ones established by judicial and non-judicial procedure of conciliation. The author highlights the key aspect of the procedure of judicial conciliation in relation to reaching a settlement, including the rights and obligations of the parties to the process from one side, and the court on the other. The conclusion is made that the legal nature of settlement represents a mixture, comprised of elements of material (civil law), as well as procedural (civil procedure) law. A claim is made that within the framework of the judicial conciliation procedure, the legal nature of a settlement contains more procedural law elements than that of mediation procedure, which is explained by the broader authority of the court and correlating reduced authority of the parties than in terms of a mediation procedure.
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CHEKULAEV, SERGEY. „Some problems of applying conciliation procedures in the resolution of corporate disputes complicated by a foreign element“. Public Administration 23, Nr. 1 (2021): 56–64. http://dx.doi.org/10.22394/2070-8378-2021-23-1-56-64.
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The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.
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Motorina, Irina. „Benefits of Conciliation Procedures in Legal Practice“. Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, Nr. 2 (16.05.2024): 253–62. http://dx.doi.org/10.21603/2542-1840-2024-8-2-253-262.
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Conciliation institutions reduce caseload. Some states also see them as a way to ensure public access to justice and strengthen social peace. This article introduces a systematic approach to conciliation procedures, or pre-court mediation. It describes such concepts as social management system, legal regulation, judicial activity, justice, judicial enforcement, alternative methods of dispute resolution, and conciliation procedures. The research relied on the methods of formal logic, legal system analysis, formal legal method, and functional methods. The author identified a system of social regulation that combines reconciliation and legal procedures, as well as classified domestic conciliation institutions as private, private-public, and public. Institutions of public conciliation appear when private reconciliation integrates with jurisdictional activities. Public principles enter conciliation procedures if the state body, e.g., court, has the right to regulate, organize, or conduct reconciliation, as well as approve its results. Pre-court reconciliation has some advantage for the parties. First, it is effective if both parties sought reconciliation: even if the decision is not ideal, they may still find it satisfactory. Second, mediators are free to employ a wider range of regulators, both legal and non-legal, e.g., morality, religion, traditions, corporate norms, etc. Third, conciliation procedure is much less complex than a trial. Pre-court mediation is beneficial for the society in general and needs to be popularized as an effective de-litigating tool that is profitable for both parties. However, the scope of alternative forms of dispute settlement could be expanded only if the parties understand the personal benefits they get from pre-court mediation.
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Schmidt, Gustavo, und Juliana Bumachar. „Prior Corporate Insolvency System - previous mediation and conciliation“. REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, Nr. 7 (15.07.2022): 103–18. http://dx.doi.org/10.52028/rbadr.v4i7.7.
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This paper addresses, from a theoretical and dogmatic perspective, the new legal doctrine applicable to previous mediation and conciliation in the reorganization of companies in difficulty. The central argument is that mediation (and all other non-adversarial methods of conflicts) can contribute significantly to making recovery plans more transparent. Therefore it allows for realistic and sustainable reorganizations plans, adapts to the interests of creditors and the company, and increases the commitment of all stakeholders to the company's recovery. Keywords: mediation; conciliation; alternative dispute resolution. company reorganization; Act nº 14.112/2020.
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Fokina, Marina A. „Optimization of the Civil Process and the Results of Conciliation Procedures“. Rossijskoe pravosudie, Nr. 12 (17.11.2023): 60–68. http://dx.doi.org/10.37399/issn2072-909x.2023.12.60-68.
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The issues of verification by the court for the results of the parties’ conciliation activities are analyzed. The limits of the control activity of the court are determined when it approves the settlement agreement. The nature of reconciliation results is investigated in the context of specific types of conciliation procedures: mediation, negotiations, judicial mediation. As a result of the analysis of doctrine and judicial practice, the author concludes that it is expedient to transfer the authority to certify and legally examine the results of any conciliation procedures to a notary. This proposal is considered in the context of optimizing the civil process and reducing the burden on the judicial system.
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Kutsenko, Tatyana Mikhailovna. „On implementation of the models of judicial mediation in the administrative process“. NB: Административное право и практика администрирования, Nr. 4 (April 2021): 48–54. http://dx.doi.org/10.7256/2306-9945.2021.4.37390.
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This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure – a number of countries features such mediation technique as in-house-mediation, which represents a peculiar approach towards establishing dialogue between the parties to the case aimed at conflict resolution within the framework of judicial proceedings. The analysis of the existing points of view in scientific literature reveals the following criteria that ensure the possibility of implementation of conciliation procedures in the administrative process: absence in the law of a direct ban on the use of mediation procedures; absence of violations of public interest along with observance of the rights and legitimate interests of other parties; competence of the official to conduct conciliation procedure set in the regulatory framework; normative legal consolidation of the possibility of conducting conciliation procedure; strict adherence by the official to the objectives determined by their competence and professional activity (objective, subjective, territorial, and temporal).
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Ruscalla, Gabriele. „Latest developments in conciliation and mediation in investor-state disputes“. Revista Brasileira de Arbitragem 16, Issue 63 (01.10.2019): 96–112. http://dx.doi.org/10.54648/rba2019033.
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Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.
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Pervukhina, Svetlana I., und Larisa V. Yaroshenko. „Court-Mediator Interaction in Civil Conciliation Procedures“. Rossijskoe pravosudie, Nr. 12 (17.11.2023): 49–59. http://dx.doi.org/10.37399/issn2072-909x.2023.12.49-59.
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The article highlights key aspects of research-to-practice project “Conciliation in civil and administrative procedure” conducted by the Chair of civil and administrative procedure. Professors of the Chair analyse results of the projects, identify challenges and assign goals for a future reference period. The authors of the article analyse the work on the organization of the mediators’ interaction with the courts and the practice of applying the mediation procedure in court cases in face-to-face and online formats. The advantages of the model, in which the mediator’s duty is organized in the courts on a permanent basis, are revealed. The article analyzes the powers of the court to initiate conciliation procedures in court proceedings, analyzes the right of a judge to appoint a conciliation procedure on his own initiative. The regularities that allow to identify the relationship between the activity of judges in offering mediation procedures to the parties and the successful decision-making by the parties in favor of conducting a conciliation procedure are revealed. The article analyzes the problems of judicial mediation. Proposals have been made to create and legislate an algorithm for the interaction of the mediator and the court during the conciliation procedure after the initiation of proceedings in the case. The authors of the article consider the possibility of using the institution of suspension of proceedings in connection with the use of conciliation procedure. The problem of the mediator’s lack of a special procedural status is analyzed, which deprives him of the opportunity to participate in the proceedings on the case and complicates the process of interaction with the judge. The authors formulated the main tasks set for the implementation of research-to-practice project “Conciliation in civil and administrative procedure” in the next reporting period.
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Pervukhina, S. I. „Judicial Conciliation and Mediation: Correlation Problems and Development Prospects“. Rossijskoe pravosudie 7 (25.06.2021): 35–44. http://dx.doi.org/10.37399/issn2072-909x.2021.7.35-44.
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This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.
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Makarchuk, Zlata V., und Thi Kieu Oanh Vu. „Implementation of conciliation proceedings in Vietnam“. RUDN Journal of Law 26, Nr. 2 (28.05.2022): 448–63. http://dx.doi.org/10.22363/2313-2337-2022-26-2-448-463.
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The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.
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Salmina, Svetlana G. „ON MEDIATION INSTITUTE IN CRIMINAL PROCEDURE“. Yugra State University Bulletin 13, Nr. 1-2 (15.03.2017): 122–25. http://dx.doi.org/10.17816/byusu2017131-2122-125.
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The article considers some aspects of mediation in criminal procedure. The author has defined the author’s notion “mediator”. Special attention is paid to conciliation procedure in criminal procedure legislation. There are examples of use of mediation services in educational institutions of the Russian territorial entity
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Mareschal, Patrice M. „Insights from the Federal Mediation and Conciliation Service“. Review of Public Personnel Administration 18, Nr. 4 (Oktober 1998): 55–67. http://dx.doi.org/10.1177/0734371x9801800405.
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Krasuń, Aneta. „CONCILIATION VERSUS MEDIATION IN INDIVIDUAL LABOR LAW CASES“. Roczniki Administracji i Prawa 2, Nr. XXIII (30.06.2023): 225–37. http://dx.doi.org/10.5604/01.3001.0053.6961.
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Among the amicable procedures for resolving individual labor law cases, two basic types can be distinguished, i.e. judicial and extrajudicial. Between these two extreme types, the mixed type can determined i.e. judicial-extrajudicial which is covered by the mediation procedure under Civil Procedure Code Art. 1831-18315. The aim of the article is to show the differences and similarities of conciliation and mediation as two amicable types of solving individual cases in the field of labor law i.e. judicial and judicial-extrajudicial that have the same goal namely concluding a settlement between the parties and thus ending the ongoing dispute
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Zabikh, Sh A., und K. Zh Zabikh. „CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN KAZAKHSTAN IN MODERN CONDITIONS“. Bulletin of Kazakh Leading Academy of Architecture and Construction 84, Nr. 2 (15.06.2022): 389–403. http://dx.doi.org/10.51488/1680-080x/2022.2-43.
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In this article, the author considers alternative ways to resolve disputes, that is, the use of conciliation procedures to resolve conflict situations in civil proceedings. The traditional way of resolving disputes has been and remains the judicial procedure, which is enshrined in the legislation of most states and is a guarantee of respect for human and civil rights. But the author considers conciliation procedures for resolving a dispute in a civil process by concluding a settlement agreement. Also, special attention is paid to resolving the dispute through mediation. The previously existing types of alternative dispute resolution procedures have been supplemented by participatory procedure and judicial mediation.
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Romanov, Andrey A. „On Some Relevant Issues of Mediation and Judicial Representation in a Civil and Arbitration Procedure“. Arbitrazh-civil procedure 2 (11.02.2021): 51–54. http://dx.doi.org/10.18572/1812-383x-2021-2-51-54.
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The article is devoted to topical issues of conciliation procedures, mediation in connection with the institution of legal representation and law costs. The problematic aspects that hinder the wider application of the mediation procedure are stated, the ways of improving the legislation are proposed.
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Zhang, Junyi, und Ranran Wang. „The Impact of the Singapore Mediation Convention and its Adaptation Study in Our Country“. Frontiers in Humanities and Social Sciences 2, Nr. 12 (21.12.2022): 27–34. http://dx.doi.org/10.54691/fhss.v2i12.3128.
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The United Nations Convention on International Commercial Conciliation and Reconciliation Agreements (hereinafter referred to as the Singapore Conciliation Convention), for the first time in the form of an international convention, gives legal enforceability to the international commercial reconciliation agreements reached after the investigation, so as to break the dilemma of difficult implementation of the settlement agreements in the international arena. However, this is extremely inconsistent with China's legal provisions and long-standing legal concepts. According to Chinese law, the settlement agreement does not have the enforcement force of legal effect, and it can be enforced only after being reviewed by the court or other institutions. This is where the contradiction between the Singapore Mediation Convention and China arises. The promulgation of the Singapore Mediation Convention has brought impact and opportunities to China's commercial mediation agreements. We must improve China's commercial mediation system so as to link up with the Convention. This paper uses the methods of literature analysis, value analysis and historical analysis to analyze the major difficulties of China's accession to the Singapore Mediation Convention, and to improve the review and implementation procedures to overcome the possibility of seeking the application of the Singapore Mediation Convention in China.
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Trofimets, I. A. „The Principles of International Family Mediation“. Lex Russica 75, Nr. 10 (18.10.2022): 33–40. http://dx.doi.org/10.17803/1729-5920.2022.191.10.033-040.
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Mediation among alternative ways of dispute resolution, along with conciliation and negotiations, occupies priority positions, having shown its effectiveness in comparison with judicial and administrative forms of protection of the rights and legitimate interests. The attractiveness of mediation lies precisely in the simplicity and convenience of the procedure itself, a calm atmosphere of dialogue mediated by a mediator and the obligation to resolve the conflict fairly with due regard to the opinions of all parties involved. Mediation originated as a technique for the family law disputes resolution and it is still widely used for this category of disputes and for cross-border (international) intra-family conflicts as the optimal form of dialogue between conflicting family members. Fundamental principles of mediation — the guiding principles of construction — predetermine its attractiveness as conciliation prosedure. This social institution is based on voluntariness, confidentiality, impartiality and neutrality, applicability, decisions made by the participants themselves, availability of independent legal support for each of the participants, priority of the rights and legitimate interests of minors, understanding and taking into account cultural differences between family members, as well as special qualification requirements applied to international family mediators. In some cases, mediation really avoids seeking legal assistance from judicial and administrative authorities, and in some cases it accelerates the processes of proceedings involving representatives of judicial or executive authorities. For cross-border intra-family disputes, this approach is very relevant, since the international family mediator, while mediating, does not ignore cultural, religious and social differences between disputing family members. In addition, a mediation agreement does not become enforceable at its conclusion. A mediation agreement becomes enforceable only when confirmed by a court or notary, which provides it with the coercive force of the state.
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Akhmetova, I. A., und Zh O. Galy. „Mediation in Kazakh customs as an institute of volunteerism“. Bulletin of the Karaganda university History.Philosophy series 107, Nr. 3 (30.09.2022): 247–52. http://dx.doi.org/10.31489/2022hph3/247-252.
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The concept of “mediation” is a complex system based on the establishment of a compromise in a historical and philosophical context. Volunteering is the implementation of voluntary activities in providing assistance to vulnerable groups in a social strata. The article considers the answers to the questions what is the concept of mediation in the traditional Kazakh society and its connection with voluntariness, what is its essence. This article will not only allow us to scientifically study the relationship of conciliation procedures in Kazakh society with mediation, moral aspects, but also assess the essence of this concept from the point of view of voluntariness, spiritual and moral value as an ethical phenomenon. The authors take a step towards scientific theoretical analysis based on the theses of scientific works of a number of researchers who studied the patterns of mediation in the article. The ethno-cultural aspects of mediation are revealed, based on the fact that the activities of the board members who carried out voluntary mediation activities in the Kazakh steppe to reconcile the conflicting parties are really connected with voluntariness. Although the historical and theoretical foundations of conciliation procedures are considered only in the law of customs, at the present stage it is concluded that research is necessary along with voluntary, ethical principles
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Yudina, Yulia V. „The Mediation Procedure as a Type of Reconciliation in the Modern Russian Civil Procedure“. Arbitrazh-civil procedure 2 (11.02.2021): 45–50. http://dx.doi.org/10.18572/1812-383x-2021-2-45-50.
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Mediation technologies are one of the alternative to judicial methods of dispute resolution. Difficulties in the application of this institution, which is practically not used by the parties to the conflict, predetermined the need for its reform, as well as the creation of a whole complex of conciliation procedures, their legislative consolidation and stimulation. The article analyzes the practice of the parties to the dispute to the mediation procedure that existed before the entry into force of the Federal Law of July 26, 2019 No. 197-ФЗ ‘On Amending Certain Legislative Acts of the Russian Federation’, as well as the short stories of the civil procedural law on conciliation procedures in general that can be used after October 25, 2019.
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Kotsiuruba, A. „CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN UKRAINE“. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Nr. 113 (2020): 28–32. http://dx.doi.org/10.17721/1728-2195/2020/2.113-6.
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The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.
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Isaenkova, O. V. „Mediation in the Draft concept of the Code of civil procedure“. Russian Journal of Legal Studies 1, Nr. 4 (15.12.2014): 97–100. http://dx.doi.org/10.17816/rjls17972.
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The article first analyzes the prospects for mediation in relation to the Draft Code of civil procedure, which was presented in Yekaterinburg, October 28, 2014. Considered urgent and important issues that arose in the course of determining the place of mediation in the modern system of Russian law and the system of conciliation procedures in particular.
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Vargas, Anderson, und Luiz Gustavo Liberato Tizzo. „Resolução Consensual de Conflitos e o Atual Código de Processo Civil: Mediação e Conciliação“. Revista de Ciências Jurídicas e Empresariais 20, Nr. 2 (07.02.2020): 60–65. http://dx.doi.org/10.17921/2448-2129.2019v20n2p60-65.
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Este trabalho pretende discutir sobre os métodos de resolução de conflitos presentes no atual Código de Processo Civil, com um foco maior nos institutos da mediação e conciliação. O estudo do conceito de mediação e conciliação traz a cidadania e a busca pela pacificação social pelos próprios envolvidos dos conflitos. O Conselho Nacional de Justiça e as legislações pertinentes tem buscado meios para um desafogamento do Poder Judiciário, porém muito mais do que buscar uma celeridade na solução dos processos, busca-se a pacificação social entre as partes de um conflito. A conciliação estava presente nos procedimentos judiciais, já a mediação, passa a ser mais presente, diante de sua institucionalização no Código de Processo Civil promulgado em 2015. Nesse trabalho demonstra a necessidade de mudança de cultura da sociedade e para que essa mudança ocorre o Poder Judiciário deve se reinventar e levar a sociedade as vantagens de resolver o conflito pela autocomposição entre as partes. Palavras-chave: Código Processo Civil. Mediação. Conciliação. Autocomposição AbstractThis paper aims to discuss the methods of conflict resolution present in the current Civil Procedure Code, with a greater focus on the institutes of mediation and conciliation. The study of the concept of mediation and conciliation brings citizenship and the search for social pacification by those involved in the conflicts themselves. The National Council of Justice and the pertinent legislations have been looking for means for the Judiciary to be released, but much more than seeking speed in the solution of the processes, the social pacification between the parties of a conflict is sought. Conciliation was present in judicial proceedings, while mediation is now more present, given its institutionalization in the Civil Procedure Code promulgated in 2015. This work demonstrates the need for a change in society's culture and for this change to occur the judiciary must reinvent itself and bring society the advantages of resolving the conflict through self-composition between the parties. Keywords: Civil Procedure Code. Mediation. Conciliation. Self Composition
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Arrieta López, Milton, Abel Meza Godoy, Ilya Vladimirovich Afanasiev, Vladimir Dmitriyevich Sekerin und Sara Noli. „Alternative Dispute Resolution Mechanisms in Colombia and Russia: Conciliation and Mediation“. Justicia 26, Nr. 40 (06.10.2021): 128–42. http://dx.doi.org/10.17081/just.26.40.4773.
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In this article, the authors compare alternative conflict resolution mechanisms in Colombia and Russia. In the former, conciliation is the most developed alternative dispute resolution mechanism, while in the latter, mediation is the most developed. In order to deepen this comparison, a qualitative research of interpretative nature has been developed with the support of bibliographic-documentary material. The main conclusion is that access to justice is a human right that has been positivized as a fundamental right in the constitutions of both Colombia and Russia. However, the Colombian Constitution allows individuals to exercise their jurisdictional functions on a temporary basis, unlike the Russian Constitution, which only authorizes judges from the Federation to exercise their jurisdictional functions. While conciliation in Colombia is developed and implemented through State-supervised Conciliation and Arbitration Centers, mediation in Russia is in its initial phase and has gradually gained acceptance in society. In both states, the implementation of alternative dispute resolution mechanisms has been driven by the need to decongest the courts and tribunals of ordinary justice. Therefore, it is useful to insist on the massive use of these instruments to make possible a justice that comes from the parties in conflict, that can repair the relations of the subjects in dispute and that tends towards the construction of more peaceful societies.
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Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov und Timur Ravilevich Gizyatov. „On modern methods of resolving a dispute between entrepreneurs“. Laplage em Revista 6, Extra-B (24.12.2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613190-195.
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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.
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Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov und Timur Ravilevich Gizyatov. „On modern methods of resolving a dispute between entrepreneurs“. Laplage em Revista 6, Extra-B (24.12.2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613p.190-195.
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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.
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Baylis, Claire. „The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand“. Victoria University of Wellington Law Review 27, Nr. 4 (01.12.1997): 585. http://dx.doi.org/10.26686/vuwlr.v27i4.6102.
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In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.
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Khudoikina, T., und S. Ilyin. „Communicative Competence of Judicial Conciliator“. Bulletin of Science and Practice, Nr. 7 (15.07.2023): 334–38. http://dx.doi.org/10.33619/2414-2948/92/47.
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Analyzes one of the alternative ways to resolve conflicts — judicial reconciliation. A general description is given, and the legal foundations of this institution are revealed. In difficult modern conditions, this method is actively used for various disputes arising in the legal field. There are many opinions of scientists and lawyers about the similarities and differences between mediation and judicial conciliation procedures. The authors give a number of characteristic features of the judicial reconciliation procedure, according to which these categories can be distinguished, which confirms their opinion that these processes are not identical. The entire course of the judicial conciliation procedure is carried out with the involvement of an independent mediator, the functions and tasks of which are carried out by the judicial conciliator — a retired judge. The whole course of settling a disputed situation, maintaining stable relations between the opposing subjects, preventing hostility between them and concluding a final mutually beneficial and compromise agreement depends on it. To ensure the peaceful flow of the conflict resolution process, the judicial mediator must have a certain amount of skills and abilities, which are structural elements of the ‘communicative competence’ category. In this study, special attention is paid to the professional skills of a judicial mediator in the communication process. Such levels of formation of the competence of a judicial conciliator as the level of development, the level of experience, the level of skill and, finally, the level of leadership are considered. The authors pay special attention to communication techniques, the introduction and application of which during the conciliation procedure allows to ensure its peaceful course, which motivates the opposing subjects at the stage of exit from the conflict situation to conclude an agreement, taking into account the interests and opinions of each of them.
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Bridge, Caroline. „Conciliation and the New Zealand Family Court: lessons for English law reformers“. Legal Studies 16, Nr. 3 (November 1996): 298–324. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00532.x.
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Conciliation has formed an integral part of the New Zealand Family Court’s management of family disputes since 1980. The Family Court is a tiered structure, designed to encourage the parties to resolve their own disputes by providing opportunities for conciliation within a statutory process. The first two tiers, counselling and judicial mediation, are procedures intended to empower the parties, enable self-determination, and encourage a conciliatory rather than combative attitude towards both each other and the dispute. Consequently, the parties are compulsorily channelled through the conciliation tiers of the court even if the ultimate goal of one of them is a court room battle. The hope is that the third tier, adjudication by a Family Court judge in the Family Court, will be avoided.
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Tsvetkova, O. V. „Mediation and Its Role in the Settlement of Internal Territorial Conflicts in the RF“. Russian Journal of Legal Studies 5, Nr. 1 (15.03.2018): 136–40. http://dx.doi.org/10.17816/rjls18360.
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In the article the author offers to use the technology of political mediation in the settlement and the settlement of internal territorial conf lict in the political space of the Russian Federation. Special attention is given to latent internal ethno-territorial conf licts. This article assumes that the mediator in resolving this type of conf lict should be professional and non-professional mediator, using the elements of the technology of political mediation in the form of mediation, conciliation and arbitration.
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Yusticia, Aprilina Rahmah. „HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)“. Legal Standing : Jurnal Ilmu Hukum 7, Nr. 1 (26.10.2022): 23–31. http://dx.doi.org/10.24269/ls.v7i1.5570.
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This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word "as a form of settlement agreement through mediation or conciliation" was changed by the Court to "in the form of minutes of settlement through mediation or conciliation".
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Diachuk, Marianna Ivanovna, und Ainur Serikhanovna Ramazanova. „MEDIATION IN CRIMINAL PROCEEDINGS AS A SPECIAL MECHANISM FOR CONFLICT RESOLUTION“. Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, Nr. 75 (29.12.2023): 216–22. http://dx.doi.org/10.52026/2788-5291_2023_75_4_216.
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In modern Kazakhstan judicial proceedings of civil and criminal cases is the primary mode of protecting constitutional rights and freedom. These days conflicting parties are becoming increasingly interested in settling disputes on a mutually advantageous basis on their own, while exercising control over the procedure and its result. Today, considerable attention has been paid to the problems of conciliation. The importance of the out-of-court settlement of legal disputes has been emphasized for several years by the leaders of the highest organs of State power in Kazakhstan. Also, there is some positive experience in introducing conciliation procedures through a mediator in the legal system of countries. In many developed countries, mediation exists and is used as a specific form of dispute settlement in conjunction with judicial proceedings. However, introducing the best practices of conflict settlement remains little studied in Kazakh jurisprudence. Currently, mediation is becoming an increasing well-know and widespread method of mediation in conflicts. In both civil and criminal cases and material, the resolution of the conflict between the parties through mediation procedures is increasingly finding its application. One of the main goals of mediation is to reduce conflict in society, be achieved through consolation procedures. The mediation procedure is reflected in the basic principle of the criminal process – the adversarial nature and equality of the parties. The suspect, the accused, the defendant can freely deny their quilt or plead guilty, reconcile with the victim, conclude a procedural agreement, an agreement to achieve reconciliation through mediation…
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Zalesskiy, D. „THE ABSENCE OF UNFIED ORDER OF INTERNATIONAL CONCILIATION AGREEMENTS ENFORCEMENT“. Vestnik of Polotsk State University. Part D. Economic and legal sciences, Nr. 14 (02.01.2022): 118–21. http://dx.doi.org/10.52928/2070-1632-2021-59-14-118-121.
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This article analyzes the problem of absence on international level enough legal regulation for unobstructed enforcement of international conciliation agreements, concluded in mediation, as well as contains the possible way of solving the problem through adjustment of domestic law with international framework.
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LORI YI. „A Comparative Study on the Concepts of Mediation and Conciliation*“. JOURNAL OF ARBITRATION STUDIES 19, Nr. 2 (August 2009): 27–47. http://dx.doi.org/10.16998/jas.2009.19.2.27.
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Tashiro, Kenji. „Conciliation or Mediation during the Arbitral Process – A Japanese View“. Journal of International Arbitration 12, Issue 2 (01.06.1995): 119–33. http://dx.doi.org/10.54648/joia1995014.
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Belén García, Ana, Erica Pender, Francisco J. Medina und Martin Euwema. „Promoting Conciliation and Mediation in Collective Labour Conflicts in Europe“. Tijdschrift voor mediation en conflictmanagement 22, Nr. 1 (August 2018): 40–49. http://dx.doi.org/10.5553/tmd/138638782018022001004.
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Akimzhanova, M. T., G. A. Ilyassova und D. Chankova. „Mediation as an alternative method for resolving disputes about children“. Bulletin of the Karaganda University “Law Series” 97, Nr. 1 (30.03.2020): 85–93. http://dx.doi.org/10.31489/2020l1/85-93.
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The article is devoted to the study of the norms of the current legislation on mediation in order to apply the conciliation procedure in resolving family legal disputes affecting the interests of the child. The relevance is due to the fact that the introduction and application of mediation as an alternative method of resolving disputes related to the interests of children is a new, progressive step in the development of the culture of family and marriage relations in the Republic of Kazakhstan. At the same time, the author believes that, despite the great public importance of conciliatory mediation procedures, today it is obvious that there is no mass use of them. The author points to the necessity of applying a mandatory mediation procedure for a number of categories of disputes, the resolution of which is impossible without the participation of a professional conciliator, and this primarily applies to disputes about children. The article analyzes scientific and practical approaches to the definition of family mediation, studies its nature and determines its features. It is noted that the resolution of a dispute about children can not be effective, and the decision made is enforceable, without reaching an agreement by the parents on its merits. The results of the study are new and original, the author's position is justified and is of interest to employees whose activities are related to the interpretation and application of rules related to the settlement of a dispute in pre-trial proceedings.
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St. John, Kathryn A., und Grant T. Riethmuller A.M. „An Outcome Evaluation of Private v. Public Mediation in Dispute Settlement Agreements“. Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 90, Issue 2 (01.05.2024): 258–87. http://dx.doi.org/10.54648/amdm2024023.
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In Australia parties to family disputes must participate in a dispute resolution conference prior to a contested hearing. The parties may attend a court-based conciliation conference (‘public mediation’) or a mediation conference conducted by a private practitioner (‘private mediation’). In the Federal Circuit and Family Court of Australia (Division 2), at the time of this study there was a ‘soft rule’ according to which cases in which the value of assets in dispute is greater than AUD 500,000 were referred to private mediation. The findings in this paper suggest that private mediation was more effective in achieving settlement for both high- and low-value cases. If the courts’ aim is to increase settlement rates, increased emphasis should thus be placed on private mediation. However, there are circumstances in which public mediation remains most appropriate.