The reconciliation through an agreement – a modern, popular and desired method for settlement of private legal disputes.

 

Even the worst agreement is better than the best judgement

 

For the settlement of private legal disputes, except through the standard legal jurisdiction and arbitration, the arguing parties can settle the dispute by an agreement concluded by them. In order to achieve a voluntary settlement of the dispute through a n agreement concluded between them, the parties can resort to the assistance of a person chosen by them, who performs the function of conciliator and middleman.

 

In a number of countries around the world, the reconciliation through an agreement, as a contemporary, popular and desired method for settlement of private legal, as well as of interstate and family legal disputes, appeared to be an alternative not only of the arbitration settlement but also of the court settlement of disputes. And in countries like Japan, China and Korea, something more is observed – the society is negatively disposed to the direct resorting to a court for the defense of the right impaired. The recommendable method is the non-conflict settlement of the disputes, and namely their settlement by mutual consent of the parties with the help of a third person in the capacity of a conciliator or middleman.

 

In order to help for the out-of-court and arbitration settlement of these disputes, the National Business and Law Agency organizes conciliation procedures, and the functions of a conciliator and middleman are assigned to a third person called mediator. The mediator can contact each of the arguing parties separately or can invite them on a common meeting and discussion. First of all, the mediator makes efforts to incline the parties to conclude an agreement, by emphasizing its benefits, offers alternative solutions, as well as a complete text of an agreement. If the conciliation ends with a success, the agreement reached should be certified in a written form and should be signed by both parties, the mediator signs it as a witness of the consent reached.

 

In all cases the agreement keeps the good relations between the arguing parties and this is one of the reasons, why the reconciliation procedure is preferable, when settling private legal and other kinds of arguments. As the agreement is accepted voluntary, it stimulates the voluntary fulfillment of the obligations assumed through it, by avoiding the compulsory fulfillment, to which usually leads the judgement, especially if the party cast deems it wrong.

 

In the Statute and the Regulations of the Arbitration Court at the National Business and Law Association are settled in details the issues regarding the begin of the reconciliation, the determination of a mediator, the procedure of reconciliation and the completion of the reconciliation procedure.