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Publication date: 29.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The emergence of a dispute in any type of legal relationship in most cases is accompanied by a waste of time, money, legal disputes, etc.
- If the parties really want to find a relatively quick solution to the conflict, then mediation methods are relevant, one of which is the settlement of disputes with the participation of a judge, which is provided for by various procedural codes (CPC, Civil Procedure Code, Civil Procedure Code).
- In general, this procedure is implemented by the judge even before the start of the case on the basis of the consent of the parties who have applied to the court.
- It is planned to hold joint or closed meetings, within which the dispute will be settled, and peaceful ways of restoring the violated rights will be sought.
Undoubtedly, this procedure has a number of significant advantages in contrast to the usual judicial review of the case, namely: speed of settlement, confidentiality, savings on court costs, minimization of emotional burden on the parties.
General principles of dispute settlement with the participation of a judge:
The main reasons, in the presence of which the parties have the possibility of initiating this type of dispute settlement, are:
- the stage of consideration of the case in court has not yet begun;
- both parties wish to settle the dispute in this way;
- there are no third parties making independent claims regarding the subject of the dispute.
If all the above-mentioned reasons are present, then the court by its decision to conduct the settlement procedure, and at the same time, stops the proceedings.
- Regarding the form of implementation of this procedure, as already mentioned, the resolution of the dispute will be carried out through open and closed meetings.
- The difference between these types of meetings is that in the first case, all parties to the dispute can be present at the meeting, and in the second, the meeting will be held by a judge with each party separately ( representative in court is allowed ).
During the first joint meeting, the goal, settlement procedure is clarified, and the scope of rights and obligations assigned to the parties to the dispute is clarified.
- In general, joint meetings are aimed at directly agreeing on the ways of settlement, clarifying the subject of evidence, considering the proposals of the parties.
- As for the terms, the legislator clearly establishes in Art. 205CPC, Art. 190 of the Code of Civil Procedure and Art. 187 of the CAS, that the settlement of the dispute with the participation of a judge will be carried out within 30 days from the date of the relevant resolution.
Along with this, there is the possibility of terminating the settlement procedure, by submitting a corresponding application by the party to the dispute, in case of expiration of the allotted time, with the conclusion of a settlement agreement between the parties, or at the initiative of the judge, if one of the parties resorts to prolonging the procedure.
In the event of termination of the settlement of the dispute, the parties lose the possibility of re-applying to such a procedure, and the decision issued by the court based on the results of its conduct will not be subject to appeal.
Peculiarities of dispute settlement with the participation of a judge in economic and administrative proceedings:
As already mentioned, this type of dispute settlement is provided for by various procedural legal acts, and accordingly, each of them provides for certain features.
Yes, according to Art. 186 of the Civil Procedure Code, it is not allowed to settle a dispute with the participation of a judge:
- if the cases concern the restoration of the debtor's solvency or the recognition of the debtor as bankrupt;
- on approval of rehabilitation plans before the opening of the bankruptcy case.
As for administrative proceedings, according to Art. 184 of the Civil Code of Civil Procedure is not permissible to settle a dispute with the participation of a judge in certain categories of administrative cases, which is provided for by Chapter 11 of Section II (with the exception of Article 267 of the Civil Code of Criminal Procedure). All other provisions regarding terms, procedure and termination are similar to the above.
Representation of interests in court by an attorney:
The services of a lawyer in the resolution of any legal dispute are an extremely important factor that will determine the effectiveness of the settlement, high-quality defense in court and the achievement of the desired results by the parties. Regardless of whether the pre-trial or judicial procedure for resolving the dispute was chosen, the lawyer for court will be guided by the principles of legality when providing services, and therefore all the steps, how they will be performed, will comply with the norms of the current legislation. At the same time, the consultation of a lawyer is an irreplaceable safeguard against the emergence of disputes in any sphere of social relations, if you use it in time, you can prevent conflicts, court delays, and unnecessary costs.
