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Settlement of the Dispute with the Mediation of the Judge in Civil Proceedings of the United States: Genesis

D.V. Knyazev, 
Candidate of Legal Sciences, Head of the Department of Civil Procedural Law 
of the West-Siberian Branch of the Russian State University of Justice (Tomsk) 

«Disappearance» of the American trial is regarded as an issue of civil procedure of the US. It means a situation when vast majority of civil cases settle prior to trial (95–99%). Judges play a key role in this activity, as it is typical for judges to act as a mediator (or conciliator) for contesting parties in pretrial proceedings. This behavior contrasts sharply with the traditional judicial role in adversary systems of common law countries. Instead of considering cases on the merits, district courts and their personnel are practicing socalled «administer» justice – a procedure in which they are looking for opportunities in different ways of reconciliation and avoiding the need for a decision, which would burden the appeal court to reconsider the necessity of it. The article deals with premises and progress of this transformation.

Keywords: foreign civil procedure; civil procedure of the US; settlement; alternative dispute resolution; case management; mediation; judicial activism.

References

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Information about the author: 

   Knyazev D.V. (Tomsk) – Candidate of Legal Sciences, Head of the Department of Civil Procedural Law of the West-Siberian Branch of the Russian State University of Justice (634050, Tomsk, Lenin sq., 2, room 8; e-mail: [email protected]).

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D.V. Knyazev