Comparative Analysis of Legal Procedures for Dispute Resolution Involving a Judge and Mediation in Civil Proceedings

The article presents a comparative analysis of the legal procedures involved in judge-led dispute settlement and mediation in civil proceedings. Specifically, it examines shared features such as the promotion of peaceful dispute resolution, voluntary participation, confidentiality of proceedings, and procedural flexibility, which allows these methods to adapt to various situations and enhances their effectiveness in achieving peaceful conflict resolution. This emphasis on voluntary participation respects the autonomy of the parties involved, empowering them in the resolution process. Key differences include the participants, the scope of conflict resolution, the procedural order, their place in judicial processes, and duration, reflecting distinct approaches to conflict resolution in civil proceedings. Judge-led settlement involves an active role for the judge, who not only coordinates the process but may also propose a path to peaceful resolution, whereas mediation focuses on assisting parties in reaching mutual agreement through negotiation with a neutral intermediary, creating the potential for win-win outcomes. Both procedures address the needs of conflict participants. The analysis reveals that mediation is particularly effective for resolving family disputes and intellectual property conflicts. However, legislative improvements are needed for mediation to address labor and land disputes effectively. The authors underscore judge-led settlement and mediation as two effective conflict resolution methods, each with unique characteristics and approaches. Both aim to achieve peaceful dispute resolution without prolonged judicial proceedings, thereby conserving time and resources while ensuring effective protection of the parties’ rights and interests. Additionally, the authors emphasize the importance of these methods for advancing civil proceedings within the context of contemporary judicial reform. Keywords: judge-led settlement, mediation, legal procedures, civil proceedings, peaceful conflict resolution, mediator.