Conciliatory procedures as one of the possible forms of optimization of civil proceedings

The article is devoted to the study of conciliation procedures as a form of optimization of the modern civil process. The author proves that the introduction of conciliation procedures has become one of the results of the development of the modern civil process for many countries of the world. The practice of applying new civil procedural law to the settlement of a dispute involving a judge is of very importance for the national legal system. The legislator outlined the importance of dispute resolution procedures with the participation of a judge, specifying the timing of their application between the preparatory proceedings and the merits of the case. However, the question of the place of conciliation in the judicial process has not yet been finally and unequivocally resolved in civil science. The author indicates that the court's duties are established without consideration for the parties' rights. The court's responsibilities must be considered, first and foremost, as a response to the will of the parties involved. Civil procedure law in this regard does not mention the possibility of parties involved in the case to apply to the court for conciliation. It is argued that participants in the process should also have the right to reconciliation, to choose the kind of reconciliation procedure that would most suit their own interests. At the same time, it is important not only to provide such an opportunity, but also to indicate the time limits of its implementation. Reflecting on a possible system of conciliation procedures, the author proceeds from the fact that it cannot be limited to the procedures of settling a dispute with the participation of a judge, although it is the only one that has received regulatory support. The subjective right of the parties to influence the course of the trial should be detailed by the choice of the court procedure that is provided. Foreign theory and practice have offered a number of time-honored procedures, some of which may go to civil litigation. Negotiations, mediation, court mediation, expert and quasi-procedures, hybrid forms of alternative dispute resolution are procedures that have significant potential within litigation. It is only necessary to give legitimacy to such procedures. Such procedures increase the possibility of finding a mutually acceptable solution to the conflict, its stability and feasibility. Thus, there is a need for conceptual development of conciliation procedures, which would combine theoretical conclusions and hypotheses with the practice of law enforcement, aimed at obtaining a comprehensive knowledge of the reconciliation of parties and their forms, as well as improving civil procedural activities. It is important to create conditions under which the parties themselves will try to use all the advantages of an amicable settlement of the dispute. This goal can be achieved through financial incentives or streamlined litigation.