Settlement of Dispute with Participation of Judge: Problematic Aspects of Law Enforcement Practice

The article has analyzed the principles which are the basis for settlement of the dispute with participation of judge. Personal arguments regarding reasonableness of closed meetings as a certain form of the procedure for settlement of the dispute with participation of judge have been provided. The authors have concluded that this institute is out of civil procedure. The authors focus on problematic aspects which prevent achievement of efficiency due to the use of the settlement of dispute with participation of judge. Besides, authors draw attention to the lack of special training for the national judges, necessary special training and selection of judges who will become mediators. Reasonableness and negative consequences for a judge who combines settlement procedures with performance of main duties have been analyzed. The author has distinguished between the settlement of the dispute with participation of judge and mediation procedure. Conclusion about differences have been made. The article provides proposals to amendments civil procedure legislation. The authors propose to choose the model of voluntary mediation in the court when this procedure is possible with the consent of parties. Personal opinion on implementation of the institute of the judge-mediator, special registry of these judges, introduction of professional education and selection of these persons has been provided. Besides, it has been concluded that some restrictions should be introduced regarding combination of mediation procedures and main professional obligations by the judge. Moreover, necessity to abolish temporary restrictions for procedure of settling the dispute with participation of judge to avoid excessive formalism and fast decision on the case has been underlined