The implementation of consensual tenet in modern civil procedure: a European approach of court-related amicable dispute resolution procedures

Abstract

Background: This article explores the global changes in the orientation of civil procedure from competitive and adversarial towards more cooperative and consensual models. It aims to identify the reflection of mentioned tendencies in the valid legal regulation and practice of modern civil procedure. The consensual tenet in the civil process is analysed from the perspective of civil procedure goals, settlement principle, and case management as an effective tool for implementing the latter in practice. The authors explore the court-related amicable dispute resolution procedures to see the similarities and differences. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning changes in civil procedure orientation towards less competitive and more cooperation-grounded resolution of civil disputes. This research was followed by the comparative study of court-related amicable dispute resolution procedures with examples in particular legal jurisdictions like Austria, Lithuania, and Ukraine. Results and Conclusions: Vital changes in the perception of civil procedure regarding the widely accepted need to foster settlements in civil disputes, and an analysis of the most commonly used procedures as court conciliation and court mediation, were presented in this paper. The authors distinguish and analyse three court-related amicable dispute resolution procedures – conciliation, mediation, and the amicable conciliation process, emphasising their peculiarities and features. This research assists dispute resolution practitioners and researchers interested in better understanding how different court-related amicable dispute resolution procedures can be implemented in legal regulation and practice.