Reconciliation of the parties in enforcement proceedings

In the modern world, alternative methods of dispute resolution are integrated into procedural legislation and legislation on enforcement proceedings in Russia and a number of foreign countries. Conciliation procedures, which are part of the alternative dispute resolution, have confirmed their positive effect on the economy and social development of a civil society with a high legal culture. Russian arbitration and civil procedural law permits and encourages conciliation of the parties at all stages of the process, including enforcement proceedings. Currently, only a small percentage of enforcement proceedings end with the reconciliation of the parties, the conclusion of a settlement agreement. The authors believe that the reason is the insufficiently effective legal regulation, which allows the approval of mediation and amicable agreements in enforcement proceedings only by the court. The empowerment of bailiffs with the authority to organize, conduct conciliation procedures and approve the above agreements on a certain list of disputes will lead to an increase in the number of voluntarily fulfilled obligations on terms agreed by the parties themselves. The introduction of this rule will help unload the courts, reduce social tension, and improve the efficiency of justice. Thus, part of the functions for the implementation of conciliation procedures and the approval of amicable agreements in enforcement proceedings can be shifted from the judicial system to the service of bailiffs, while providing the possibility of appealing against the decision of the bailiff and judicial control. A set of measures for reconciliation of the parties should be regulated in detail in the law on enforcement proceedings after the rules that determine the procedure for initiating enforcement proceedings.