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04.09.2019

DISPUTE RESOLUTION BY THE PARTICIPATION OF A JUDGE

One of the more delicate categories of cases are disputes regarding the elimination of obstacles in dealing with a child and determining how to participate in the child rearing and communicating with him.

That category of cases is difficult from the moral and social perspective. Despite the fact that there is confusion about parents` taking part in the child rearing and his visiting, none of the parents has desire or intention to cause psychological suffering of the child. Therefore, they should try dispute resolution by the participation of a judge.

Dialogue between the conflicted parties is essential for resolving of any dispute. Hence, in order to gently help the parties to move towards dispute resolution, KODEX lawyers in their practice have been actively using a new procedural institute - dispute resolution by the participation of a judge. 

Article 201 of the Civil Procedure Code of Ukraine stipulates that the settlement of a dispute by the participation of a judge shall be carried out with the consent of the parties prior to the commencement of the case on the merits.

In fact, the settlement of a dispute involving a judge considers the communication of the parties with the judge in order to assess the parties‘ prospects of litigation.

In one of the cases, pending since the beginning of the 2018, "KODEX" lawyers applied to the court for resolving the dispute by the participation of a judge. Such a request was supported by the other party as well as the judge, since the request provided strong arguments for the necessity and advisability of negotiating in that way. It was argued that this procedure would restrain the parties from expressing emotions, allowing them to concentrate on the nature of the conflict and finding a way to resolve the dispute.

It should be noted that this way of dispute resolution is based on finding out and taking into account the mutual interests of the parties and is aimed at reaching a mutually beneficial agreement, in which none of the parties will lose, but will rather reduce tangible as well as intangible costs. In addition, this institute is a fairly quick method of settling disputes, since the term of settlement by the participation of a judge cannot last for more than thirty days from the date of the decision on its holding and is not subject to extension.

Settlement of a dispute by the participation of a judge is a confidential way of resolving the dispute, because during the settlement, the minutes of the meeting with the judge are not kept or fixed by technical means. In addition, meetings with the judge may be attended only by the parties and their attorneys. It is also forbidden to use portable audio devices, make photos or to record a video or a sound, while settling a dispute involving a judge.

KODEX lawyers  have proven that the dispute settlement by the participation of a judge is an outstandingly successful management tool even for resolving difficult disputes.The parties come to a compromise and stepped down in order to end the dispute.

By way of compromise parents found an effective solution, which meets their interests and what is more important the interests of the child. The plaintiff has filed a notice of discontinuance as a result of which, the case, pending for several years, was closed and the parties had a chance for rebuilding trust.