Promoting reconciliation of the parties, assistance in resolving a dispute that has already taken the form of a claim or statement, is one of the main tasks of arbitration courts and at the stage of preparing the case for trial(Part 1 of Article 133 of the Arbitration Procedure Code of the Russian Federation), both at the stage of trial, and at all subsequent stages (Part 1 of Article 138 of the Arbitration Procedure Code of the Russian Federation). As world experience shows, a large number of disputes that reached judicial stage, ends in reconciliation.

Reconciliation is the elimination of a dispute (disagreement) between the parties achieved as a result of certain procedures. The static characteristic of the concept of “reconciliation” covers the existence of a dispute (differences) in the past, this is the result of the settlement or resolution of a dispute (differences). The dynamic characteristic of reconciliation is the settlement or resolution of the dispute in some way. The concept of “reconciliation” also carries a psychological connotation: the absence of not only objective side, but also subjective side- recognition of the claim as justified or unfounded, agreement or disagreement with the court decision, etc.

The court in each case must take measures aimed at achieving reconciliation. In addition, he assists the parties in resolving the dispute if there is an appropriate initiative.

Conciliation is a procedure aimed at resolving a dispute. Conciliation procedures abroad are being developed within the framework of alternative ways dispute resolution. In modern legal system In Russia, the concept of “alternative” includes those not related to judicial methods dispute resolution.

Among conciliation procedures The following are used, in particular: negotiations, conciliation proceedings, mediation (mediation).

Thus, the state provides participants legal conflicts opportunity to choose: seek protection of your rights and interests in state court or resolve the dispute using alternative out-of-court procedures. At the same time, appealing to a state court does not exclude the possibility of resolving the dispute through conciliation procedures.

In each specific situation interested party It is up to you to decide how to resolve the conflict. In this case, it is necessary to take into account the advantages of one or another method of dispute resolution.

The main advantages of conciliation procedures are as follows:

1. Agreements reached by the parties as a result of conciliation procedures are better implemented than court decisions. The claimant, having received a court decision in his favor, may encounter serious difficulties in implementing such a decision in practice, since such a decision will be made against the will of the debtor, who can oppose the execution of such a decision in various ways, for example, by hiding his property.

2. Using conciliation procedures, the parties save their finances. Litigation of a case in court is quite costly for both the parties and the state. Payment legal expenses - required condition to initiate and conduct a case in court. Except state duty(the amount of which, depending on the price of the claim, can be very significant - up to 100,000 rubles - Article 333.21 of the Tax Code of the Russian Federation), it is necessary to pay for the services of a lawyer (services good lawyer, as you know, are not cheap), costs associated with conducting an examination, calling witnesses, inspecting evidence on the spot and other costs provided for by law. For the state, the administration of justice also entails significant financial expenses, which are paid for by taxpayers. A decrease in the number of cases in the courts can lead to a halt in the increase in the number of judges, court staff, costs for the logistics of the courts and, ultimately, taxpayers’ funds will be saved, i.e. our means with you.

3. By resorting to conciliation procedures, the parties save their time. Long terms consideration of a case in court only of the first instance (up to 3 months), the existence of a significant number of judicial instances (first, appeal, cassation, supervision) lead to the fact that the courts consider disputes long time. It is not excluded that the case may be returned from a higher authority to the first instance for re-examination with the possibility of further appeal remaining. In addition, often the losing side appeals to higher authority solely in order to stall for time and implement the decision as late as possible.

4. When making a decision on a case, the court does not always resolve the conflict, but, on the contrary, often aggravates it, which often leads to new disputes and further legal proceedings. When using conciliation procedures, a party has the opportunity to save business relationship With opposite side, retain a potential customer, which in the future can bring the party much more benefits, including material, than passing judicial procedure.

5. Large companies have financial opportunities use qualified legal assistance (maintain a staff of experienced lawyers, use the services of reputable law firms and lawyers). In contrast, small firms and private entrepreneurs often, due to shortages Money remain without qualified legal assistance. In an adversarial process, a party who does not have a qualified legal support, finds itself at a disadvantage compared to a party that has the opportunity to attract highly qualified lawyers to protect its interests. In such circumstances peace settlement dispute is the most optimal for the legally “weak” party to the process.

6. While conducting the process, each party runs the risk of losing it. Result trial depends on many circumstances, including the availability necessary documents and them correct design, professionalism of representatives of the parties in an adversarial process, judicial discretion. There is uncertainty in the relations between the parties for a long time even after the decision court decision. The court decision can be appealed to higher authorities courts: appeal, cassation and supervisory. As long as the parties have legal possibility to demand a review of the court decision, one cannot speak of bringing complete clarity to the relations of the parties. In addition, the court makes a decision based on the evidence available in the case. It is not always possible to provide the court with the necessary evidence of your (albeit right) position on the case, which can lead to an unfavorable outcome of the case. By ending a dispute amicably, the parties, on the contrary, have before them a clearly realized, predictable and satisfactory result, in the development of which they themselves take a direct part.

7. Publicity of the trial implies open hearing of cases in the courts. As a rule, anyone can be present at the hearing of a case, look at judicial acts published on the Internet with the participation of certain person. Under such circumstances, disclosure may occur. confidential information, which is not always desirable for the parties. Conciliation procedures are characterized by a lack of publicity and confidentiality.

8. The court, as a general rule, is connected with the claims of the plaintiff, and does not have the right to go beyond the limits of the claims. The court must give a clear and definite answer to the disputed claim. In order to protect the interests of the defendant, the court does not have the right to award the plaintiff any other item or even choose any other method of satisfying the plaintiff’s claims. Using conciliation procedures, the parties have the right to agree on a way to satisfy the plaintiff’s demands.

9. The trial procedure is carried out according to strictly defined procedural rules, accompanied by a summons to court, including the parties for whom the proceedings are forced, the need to give explanations to the court, etc. Absence necessary elements judicial procedure and paraphernalia creates psychological comfort for the participants in the dispute, an atmosphere of trust and cooperation.

10. Using some alternative procedures presupposes the possibility of independent selection of persons considering and resolving a dispute, and hence great confidence to them and to the decision being made.

11. The use of conciliation procedures makes it possible to reduce the workload of courts and concentrate greatest attention judges in those cases that the parties cannot resolve on their own and which really require government intervention.

Thus, conciliation procedures have many advantages compared to traditional judicial form resolution of legal conflicts.

The most common conciliation procedures in Russia are negotiations, mediation and arbitration. Specified procedures are not exhaustive, various combinations are possible.

1. Negotiations.

This is a conciliation procedure through which the parties resolve differences that have arisen directly or with the assistance of their proxies without the involvement of an independent third party.

Negotiations are one of the simplest, most common, effective and accessible means of conflict resolution, including in the economic sphere, because negotiations do not entail additional expenses, they do not require any official permission, they do not pose a risk to the parties and are aimed at constructive discussion of the problem.

Negotiations are very common among entrepreneurs, since they make it possible to find the optimal way out of the current conflict situation and at the same time maintain long-term partnerships. Negotiations often end with an agreed decision on the further behavior of the disputing parties.

Negotiations can take place directly between the parties involved in the issue or between the lawyers representing them. In the negotiation process, the role of lawyers representing the interests of the parties is very important. It is easier for lawyers to understand each other and reach agreement on issues of interest to them. The lawyer is a mediator, but not impartial, but interested, since he strives to achieve a result favorable only for his client. It is advisable that lawyers, when representing the interests of clients, strive to reconcile their conflicting interests. In order for negotiations to be effective, mastery of the art of negotiation is necessary.

During negotiations, the parties may agree on certain decisions, mutual concessions that can be expressed in the form civil transaction or a settlement agreement approved by the court.

Negotiations can take place both before and after the initiation of a case in court. However, the sooner negotiations begin, the faster the conflict is resolved, the more benefits the parties will receive.

Negotiations can take place verbally and in writing.

A special type of negotiation in writing is a claim procedure for resolving conflicts. The essence of this procedure is that one party, not satisfied with the violation of the contract by the other party, writes a written claim to it. The other party must consider and respond to this claim. There are two types claim procedure dispute resolution: mandatory and voluntary. The parties resort to a voluntary dispute resolution procedure of their own free will in the absence of a law that would oblige them to do so. The mandatory claim procedure means that the court does not consider the application until the parties have complied with this procedure.

IN Russian Federation the claim procedure for resolving disputes is mandatory only in two cases: if it is provided for by law or if the parties themselves have agreed on the preliminary settlement of disagreements that have arisen under the contract.

The law provides for the mandatory stage of dispute resolution for a certain category of disputes. For example, according to paragraph 2 of Art. 452 Civil Code RF, the plaintiff is obliged, before filing a claim in court to amend or terminate the contract, to send to the defendant a proposal to amend or terminate the contract, drawn up in in writing. A mandatory pre-trial procedure for resolving a dispute is provided for when a party is forced to enter into an agreement (Article 445 of the Civil Code of the Russian Federation). The pre-trial procedure for resolving a dispute is provided for in paragraph 1 of Art. 797 of the Civil Code of the Russian Federation and Art. 120 of the Charter railway transport RF, according to which, before filing a claim against the carrier related to the transportation of goods, a claim must be filed against the carrier. There are some other cases where the law provides for a mandatory pre-trial dispute resolution procedure.

However, as general rule the voluntariness of the claim was established pre-trial procedure dispute resolution. In most legal relations, any person has the right to go directly to court, without taking absolutely any measures to independently resolve the conflict. The court is obliged to consider such an economic dispute and make a decision on it without taking into account the fact that the parties could resolve this dispute independently, without recourse to arbitration court. The question arises to what extent this provision is justified, especially in the context of the constant increase in the number of disputes in the courts.

The claim procedure for resolving economic conflicts is aimed at reconciling the parties in pre-trial stage. This order is intended to free judiciary from civil disputes, which the parties can decide on their own. Practice shows that often conflict situations V economic sphere resolved by the parties independently, without the intervention of judicial authorities, through the claims procedure.

The mandatory pre-trial claim procedure for resolving disputes, as well as other conciliation procedures, are fully consistent with Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation, since they do not exclude the possibility judicial protection. Conciliation procedures are incorrectly viewed as an obstacle to the administration of justice, even in cases where they are carried out by order of the court. Conciliation procedures are not an obstacle, but on the contrary, it is a step towards resolving the dispute and achieving the goals and objectives that justice sets for itself. Consequently, access to justice is maintained in in this case fully.

It is very important that the dispute between the parties is resolved at the pre-trial stage through negotiations.

Negotiations do not always lead to positive result. In some cases, the parties lose the ability to reach a compromise and turn to the courts to resolve the dispute. Although in many cases the help of a neutral intermediary would be useful. However, negotiations are still the most common, promising and most preferred tool for resolving disputes from the standpoint of interests.

2. Mediation.

This is a conciliation procedure, which is a way to resolve disagreements with the assistance of an independent person (mediator). The essence of mediation is negotiations between the parties with the participation of a neutral person who assists in reaching an agreement between the parties to the conflict.

The advantages of mediation in comparison with other conciliation procedures are:

• confidentiality;
• efficiency;
• possibility of use before going to court and during the proceedings;
• the ability to apply to any participants and any dispute;
• does not pose any risk to the parties;
• informal negotiation environment;
• the ability to choose a mediator;
• the ability for the parties to manage and own the negotiation process;
• lack of imperativeness, coercion;
• focus on satisfying the interests of each party;
• the ability to stop the negotiation process at any time;
• wide range possible results;
• competence of the mediator;
• low costs;
• high performance.

The disadvantages of mediation include the following:

• mediation does not always lead to a resolution of the dispute;
• the frankness of a party may turn against that party;
• the need for a party to be present during negotiations.

The following stages of mediation can be distinguished.

• A meeting of an independent mediator with each of the parties, the purpose of which is to get acquainted with information on the dispute. In this case, both sides are present and independent intermediary. Each side presents its arguments legal framework etc.
• Separate meetings of the mediator with each of the parties in order to clarify information; the mediator provides explanations about the possibility of reaching an agreement.

One of the most effective areas of application of mediation is business sector, region economic relations. Mediation helps restore and maintain business relationships between the parties and restore the disturbed contractual balance.

The rules governing the institution of mediation, unfortunately, are not reflected in the current AIC. Although today it is already obvious that the institution of mediation must be developed in detail at the level of law.

Behind last years interest in the development of intermediary activities in Russia has increased greatly. There are many publications on mediation issues in the legal literature. Is being studied Foreign experience mediation activities. Various organizations engaged in intermediary activities are created and operate. However, negotiations between the conflicting parties with the participation of a mediator are conducted in the absence of regulations defining legal status intermediaries, and outside judicial control.

Who can act as an intermediary? Current legislature does not contain any restrictions or requirements in this matter.

It must be taken into account that the intermediary may be provided with certain information in the course of his work. confidential(a commercial, official secret, personal information, etc.), therefore carry out mediation activities random people shouldn't.

Reconcile the parties, find in the conflict " golden mean", acceptable to everyone, is a very difficult matter. Therefore, it is recommended to present to the intermediary increased requirements. The mediator must have not only a good education, preferably a legal one, but also a solid work history, rich life experience, authority, he must have good human qualities, feel the essence of the conflict, the cause of the conflict, suggest acceptable options his permission.

Undoubtedly, the introduction of the institution of mediation (mediation) into Russian legislation is correct and the right step, corresponding to the spirit of modernity.

3. Arbitration proceedings.

In accordance with the Federal Law “On Arbitration Courts in the Russian Federation,” an arbitration court is a permanent arbitration court or an arbitration court formed by the parties to resolve a specific dispute.

Arbitration can also be defined as non-state body, created by agreement of the parties to resolve a civil dispute, the decision of which is final and subject to mandatory execution.

A necessary condition arbitration proceedings is arbitration agreement, i.e. agreement of the parties to submit the dispute to arbitration.

Compared to litigation in state courts, arbitration has significant advantages.

Firstly, the arbitration court is a non-state body. The jurisdiction of disputes by such a court is exclusively voluntary, based on the agreement of the parties. This method of dispute resolution is used only on the basis mutual agreement disputing parties and carried out by persons elected by them.

Secondly, the undoubted advantage of arbitration is its dispositive character. A dispute can be submitted to an arbitration court only with the consent of both parties; the parties to the dispute themselves decide which arbitration court will resolve their dispute, appoint arbitrators themselves, and can determine the rules of arbitration proceedings themselves.

Thirdly, arbitration decisions have a certain stability. The decision of the arbitration tribunal is final and cannot be reviewed in the manner prescribed procedural legislation(appeal, cassation, supervisory proceedings).

However, the decision of the arbitration tribunal may be canceled in cases where this is provided for international treaty Russian Federation and federal law about international commercial arbitration. In accordance with Part 3 of Article 233 of the Arbitration Procedure Code of the Russian Federation, the arbitration court cancels the decision of the arbitration court if it determines that the dispute considered by the arbitration court cannot be the subject of arbitration proceedings in accordance with federal law or the decision of the arbitration court violates fundamental principles Russian law.

Fourthly, the arbitration procedure is simple and not regulated by numerous procedural rules, which ensures the relative speed of dispute resolution.

Fifthly, unlike the state court, the consideration of disputes in the arbitration court takes place in closed meetings. Thus, the possibility of making public circumstances that the parties consider necessary to keep secret is reduced to a minimum.

According to Part 4 of Article 3 of the Federal Law of July 242002. N 102-FZ “On arbitration courts in the Russian Federation”, an organization - a legal entity that has formed a permanent arbitration court, sends it to the competent court that carries out judiciary in the territory where the permanent arbitration court is located, copies of documents indicating the formation of a permanent arbitration court.

Conciliation procedures in arbitration proceedings

1. Concept and types of conciliation procedures

Promoting reconciliation of the parties, assistance in resolving a dispute that has already taken the form of a claim or statement, is one of the main tasks of arbitration courts both at the stage of preparing the case for trial (Part 1 of Article 133 of the Arbitration Procedure Code of the Russian Federation), and at the stage of trial, and at all subsequent stages (part 1 of article 138 of the Arbitration Procedure Code of the Russian Federation). As world experience shows, a large number of disputes that reach the judicial stage end in reconciliation.

Reconciliation is the elimination of a dispute (disagreement) between the parties achieved as a result of certain procedures. The static characteristic of the concept of “reconciliation” covers the existence of a dispute (differences) in the past, this is the result of the settlement or resolution of a dispute (differences). The dynamic characteristic of reconciliation is the settlement or resolution of the dispute in some way. The concept of “reconciliation” also carries a psychological connotation: the absence of not only the objective side, but also the subjective side - recognition of the claim as justified or unfounded, agreement or disagreement with the court’s decision, etc.

The court in each case must take measures aimed at achieving reconciliation. In addition, he assists the parties in resolving the dispute if there is an appropriate initiative.

Conciliation is a procedure aimed at resolving a dispute. Conciliation procedures abroad are being developed within the framework of alternative dispute resolution methods. In the modern legal system of Russia, the concept of “alternative” includes non-judicial methods of resolving disputes.

Conciliation procedures include, in particular, the following: negotiations, conciliation proceedings, mediation.

Thus, the state provides participants in legal conflicts with the opportunity to choose: to seek protection of their rights and interests in a state court or to resolve the dispute using alternative out-of-court procedures. At the same time, appealing to a state court does not exclude the possibility of resolving the dispute through conciliation procedures.

In each specific situation, the person concerned must decide for himself how the conflict should be resolved. In this case, it is necessary to take into account the advantages of one or another method of dispute resolution.

The main advantages of conciliation procedures are as follows:

1. Agreements reached by the parties as a result of conciliation procedures are better implemented than court decisions. The claimant, having received a court decision in his favor, may encounter serious difficulties in implementing such a decision in practice, since such a decision will be made against the will of the debtor, who can oppose the execution of such a decision in various ways, for example, by hiding his property.

2. Using conciliation procedures, the parties save their finances. Litigation of a case in court is quite costly for both the parties and the state. Payment of legal costs is a mandatory condition for initiating and conducting a case in court. In addition to the state fee (the amount of which, depending on the price of the claim, can be very significant - up to 100,000 rubles - Article 333.21 of the Tax Code of the Russian Federation), it is necessary to pay for the services of a lawyer (the services of a good lawyer, as we know, are not cheap), expenses associated with the examination, calling witnesses, inspecting evidence on site and other expenses provided for by law. For the state, the administration of justice also entails significant financial costs, which are paid by taxpayers. A decrease in the number of cases in the courts can lead to a halt in the increase in the number of judges, court staff, costs for the logistics of the courts and, ultimately, taxpayers’ funds will be saved, i.e. our means with you.

3. By resorting to conciliation procedures, the parties save their time. Long periods of consideration of a case in a court of first instance only (up to 3 months), the existence of a significant number of judicial instances (first, appeal, cassation, supervision) lead to the fact that courts consider disputes for a long time. It is not excluded that the case may be returned from a higher authority to the first instance for re-examination, preserving the possibility of further appeal. In addition, often the losing party appeals to a higher authority solely in order to stall for time and implement the decision as late as possible.

4. When making a decision on a case, the court does not always resolve the conflict, but, on the contrary, often aggravates it, which often leads to new disputes and further legal proceedings. When using conciliation procedures, a party has the opportunity to maintain business relations with the opposite party and retain a potential customer, which in the future can bring the party much more benefits, including material ones, than going through a judicial procedure.

5. Large companies have the financial ability to use qualified legal assistance (maintain a staff of experienced lawyers, use the services of reputable law firms and lawyers). In contrast, small firms and private entrepreneurs are often left without qualified legal assistance due to a shortage of funds. In an adversarial process, a party that does not have qualified legal support finds itself at a disadvantage compared to a party that has the opportunity to attract highly qualified lawyers to protect its interests. Under such circumstances, a peaceful settlement of the dispute is the most optimal for the legally “weak” party to the process.

6. While conducting the process, each party runs the risk of losing it. The result of the trial depends on many circumstances, including the availability of the necessary documents and their correct execution, the professionalism of the parties’ representatives in an adversarial process, and judicial discretion. There is uncertainty in the relations between the parties for a long time even after a court decision is made. The court decision can be appealed to higher courts: appellate, cassation and supervisory authorities. As long as the parties have the legal opportunity to demand a review of the court decision, it is impossible to talk about bringing complete clarity to the relations of the parties. In addition, the court makes a decision based on the evidence available in the case. It is not always possible to provide the court with the necessary evidence of your (albeit right) position on the case, which can lead to an unfavorable outcome of the case. By ending a dispute amicably, the parties, on the contrary, have before them a clearly realized, predictable and satisfactory result, in the development of which they themselves take a direct part.

7. Publicity of the trial implies open hearing of cases in the courts. As a rule, anyone can be present at the hearing of a case and view judicial acts published on the Internet with the participation of a certain person. Under such circumstances, confidential information may be disclosed, which is not always desirable for the parties. Conciliation procedures are characterized by a lack of publicity and confidentiality.

8. The court, as a general rule, is connected with the claims of the plaintiff, and does not have the right to go beyond the limits of the claims. The court must give a clear and definite answer to the disputed claim. In order to protect the interests of the defendant, the court does not have the right to award the plaintiff any other item or even choose any other method of satisfying the plaintiff’s claims. Using conciliation procedures, the parties have the right to agree on a way to satisfy the plaintiff’s demands.

9. The trial procedure is carried out according to strictly defined procedural rules, accompanied by a summons to court, including the parties for whom the proceedings are forced, the need to give explanations to the court, etc. The absence of the necessary elements of judicial procedure and paraphernalia creates psychological comfort for the participants in the dispute, an atmosphere of trust and cooperation.

10. The use of some alternative procedures presupposes the possibility of independent selection of persons considering and resolving the dispute, and hence great confidence in them and in the decision made.

11. The use of conciliation procedures makes it possible to reduce the workload of the courts and focus the greatest attention of judges on those cases that the parties cannot resolve on their own and that really require government intervention.

Thus, conciliation procedures have many advantages compared to the traditional judicial form of resolving legal conflicts.

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Basic legal characteristics conciliation procedures:

1. used when a dispute arises and is referred to the court for resolution;

2. carried out under the control of the court in accordance with the norms of procedural legislation, economic and legal feasibility;

3. their goal is to terminate the case through reconciliation of the parties.

Thus, conciliation procedures- This established by law procedural capabilities of the arbitration court to facilitate the settlement of a dispute referred to the court by taking measures aimed at ending the case amicably and terminating the proceedings.

Types of conciliation procedures (Article 138 of the Arbitration Procedure Code of the Russian Federation):

· conclusion of a settlement agreement (the settlement agreement itself is not a conciliation procedure itself, since it represents the final result of actions, and not a procedure - statutory procedure for committing a separate procedural action) ;

· mediation (mediation in which an independent mediator-consultant helps the parties resolve their dispute through direct negotiations between them);

· other conciliation procedures.

More about mediation

Mediation (or mediation) is an activity to assist disputing parties in resolving disputes, carried out by a person recommended by the court - intermediary (mediator).

Mediator - individual with experience and knowledge in a certain area of ​​economic turnover (for example, in the market valuable papers), not associated with any relationship with the parties to the dispute.

Mediation is carried out under the supervision of the court:

1. the mediator, as a rule, is registered with the court as such;

2. the parties turn to a specific mediator on the recommendation of the court;

3. procedural legislation establishes certain deadlines to carry out mediation;

4. The mediator reports to the court on the results of his activities.

Mediation is carried out in the form of negotiations between the parties, organized by the mediator and with his participation. Since the intermediary does not have any authority and, accordingly, is not bound by any procedural rules, negotiations are carried out in free form, not at all reminiscent court hearing. At the same time, the mediator does not so much explain to the parties legal consequences dispute resolution, which helps them focus on the economic or personal basis of their conflict, explains the possibilities and consequences of resolving the dispute, taking into account the interests of all parties, using mainly their professional and life experience. One of the main responsibilities of a mediator is to maintain the secrecy of negotiations.

The results of mediation are either the parties entering into a settlement agreement or the plaintiff abandoning the claim. The services of the mediator are paid by agreement of the parties.

As can be seen from what has been said about the mediation procedure, its widespread use is possible only in a society that has achieved high level tolerance and legal culture.

Conciliation procedures are aimed at resolving a dispute based on the voluntary expression of the will of the parties themselves. Promoting reconciliation of the parties, assistance in resolving a dispute that has already taken the form of a claim or application is one of the main tasks of arbitration courts both at the stage of preparing a case for trial and at the stage of trial. Types of conciliation procedures: negotiations, claims dispute resolution procedure, mediation, settlement agreement.

Mediation– aimed at resolving a legal dispute and developing an acceptable solution by the parties themselves with the participation of a third party (mediator). The parties have the opportunity to choose a mediator, as well as the opportunity to actively participate in resolving the conflict. They come to a compromise solution themselves, rather than receiving it as an imperative from the other side. The use of mediation is financially beneficial. Mediation takes place only if there is an agreement between the parties to use it. An agreement to resolve a dispute with the help of a mediator is not enforceable.

Claim dispute resolution procedure- This is a measure that helps give disputing parties the opportunity to resolve the dispute before going to court. This procedure is implemented by one party sending a claim to the other, which contains a requirement for proper execution terms of the contract, or some other compromise solution to the dispute that has arisen. The claim procedure is mandatory if this order provided for by the Federal Law, contract or agreement of the parties. Failure to comply with the mandatory claim procedure is grounds for consideration of the application without consideration.

Negotiation– the dispute is resolved by the parties independently. During negotiations, the parties must formulate their own and find out the positions of the other party on controversial issues; understand the essence of controversial issues; discuss the arguments of each party and find a compromise solution and ways to implement it. Negotiations between the parties can be held both before and after the initiation of a case in arbitration court. If successful, negotiations between the parties, conducted after the initiation of the case in the arbitration court, may end by concluding a settlement agreement or the plaintiff abandoning the claim.

Settlement agreement - this is a method of resolving civil disputes, terminating proceedings and, accordingly, a dispute on certain terms agreed upon by the parties. A settlement agreement can be concluded by the parties in any case, unless otherwise provided by the Arbitration Procedure Code and other Federal Laws, and at any stage of the arbitration process, including during execution judicial act. The settlement agreement is drawn up in writing and signed by the parties. It must contain information about the conditions, amount and deadlines for fulfilling the obligations of the parties.

The settlement agreement is approved by the CA, and a ruling is made. Legal consequences approval by the arbitration court of a settlement agreement is the establishment of rights and obligations, the resolution of a dispute, the termination of proceedings in the case or enforcement proceedings and, as a consequence, the impossibility of re-filing an identical claim, the possibility of forced execution.

107.Initiation of a case in an arbitration court.

The initiation of a case by an arbitration court is the first and independent stage of the arbitration process. The actions of the plaintiff at this stage are that he files a statement of claim in accordance with the requirements of the APC. The application can be submitted in person through the office of the arbitration court, through a representative authorized to do so, or sent by mail. The statement of claim must indicate: 1) the name of the arbitration court to which the statement of claim is filed; 2) the name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as individual entrepreneur, telephone numbers, fax numbers, addresses Email the plaintiff; 3) the name of the defendant, his location or place of residence; 4) the plaintiff’s claims to the defendant with reference to laws and other regulations legal acts, and when a claim is brought against several defendants - claims against each of them; 5) the circumstances on which they are based claim, and evidence confirming these circumstances; 6) the price of the claim, if the claim is subject to assessment; 7) calculation of the recovered or disputed sum of money; 8) information about the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement; 9) information about the measures taken by the arbitration court to ensure property interests before filing a claim; 10) list of attached documents. Question about acceptance statement of claim to proceed with the court is decided by the judge alone within five days from the date of receipt of the statement of claim in court. Based on the results of studying the statement of claim, the judge makes one of the following determinations:

1. Leaving the statement of claim without progress violation of the requirements for the form and content of the statement of claim, lack of documents attached to the statement of claim. In the ruling, the arbitration court indicates the grounds for leaving the statement of claim without progress and the period during which the plaintiff must eliminate the circumstances that served as the reason for leaving the statement of claim without progress. A copy of the ruling is sent to the plaintiff no later than next day after the day of its issuance.

2. Determination to return the statement of claim. The arbitration court returns the statement of claim if, when considering the issue of accepting the application, it determines that the case is not within the jurisdiction of this arbitration court; before the decision was made to accept the statement of claim for the arbitration court proceedings, the plaintiff received a request to return the statement; the circumstances that served as the basis for leaving the statement of claim without progress have not been eliminated within the period established in the court ruling. The arbitration court also returns the statement of claim if the request for a deferment, installment payment of the state duty, or a reduction in its amount is rejected. The court issues a ruling on the return of the application.

The return of the statement of claim does not prevent re-application with the same requirement to the arbitration court in general procedure after the circumstances that served as the basis for his return have been eliminated.

3. On the decision to accept the statement of claim, which initiates proceedings in the case. Arbitration the court is obliged to rule this definition, if such an application is submitted in compliance with the requirements presented in the APC. It indicates the preparation of the case for trial, the actions that must be performed by the persons participating in the case, the timing of their implementation, as well as the address of the official website of the arbitrator of the court, phone number, email addresses to receive information about a pending case.