- Research Article
- 10.37399/issn2072-909x.2026.3.60-69
Mandatory Conciliation Procedures in the Arbitration Process: Towards Reducing the Judicial Burden
- Mar 10, 2026
- Rossijskoe pravosudie
- Polina A Gorshkova
The high judicial burden on the arbitration courts of the Russian Federation has a negative impact on the activities of the courts, the effectiveness and timeliness of the consideration of a legal dispute. The institution of conciliation procedures is an effective means of reducing the judicial burden, however, the statistical indicators considered indicate the inefficiency of the existing mechanism. The purpose of the work is to form a possible model of mandatory conciliation procedures in the arbitration process in order to reduce the judicial burden. The statistical method, the comparative legal method, and the method of dialectical construction were used in the work. The possibility of using conciliation procedures as a mandatory pre-trial stage in arbitration proceedings in order to reduce the judicial burden is analyzed. The foreign experience of using this mechanism is considered. The main possible risks for participants in a legal dispute are described. The advantages of conciliation procedures are analyzed. The categories of disputes for which mandatory conciliation procedures should be provided are proposed. The possibility of using artificial intelligence in order to reconcile the parties has been studied. Conciliation procedures in the arbitration process can not only reduce the judicial burden, but also save the material resources of the parties. Mandatory conciliation procedures can become an effective mechanism for reducing the judicial burden. However, the basic principle of conciliation procedures – voluntariness – will inevitably be affected. Disputes arising from the contract act as categories of cases for which a mandatory pre-trial procedure should be established for applying to reconciliation procedures before going to court. The parties should not be limited in the choice of conciliation procedures. The issue of financing conciliation procedures depends on the specific type of procedure that the parties have decided to resort to. It is also worth considering the use of artificial intelligence in order to reconcile the parties, resolve differences that have arisen, and draft an agreement.
Read more