Communicative Competence of Judicial Conciliator

Analyzes one of the alternative ways to resolve conflicts — judicial reconciliation. A general description is given, and the legal foundations of this institution are revealed. In difficult modern conditions, this method is actively used for various disputes arising in the legal field. There are many opinions of scientists and lawyers about the similarities and differences between mediation and judicial conciliation procedures. The authors give a number of characteristic features of the judicial reconciliation procedure, according to which these categories can be distinguished, which confirms their opinion that these processes are not identical. The entire course of the judicial conciliation procedure is carried out with the involvement of an independent mediator, the functions and tasks of which are carried out by the judicial conciliator — a retired judge. The whole course of settling a disputed situation, maintaining stable relations between the opposing subjects, preventing hostility between them and concluding a final mutually beneficial and compromise agreement depends on it. To ensure the peaceful flow of the conflict resolution process, the judicial mediator must have a certain amount of skills and abilities, which are structural elements of the ‘communicative competence’ category. In this study, special attention is paid to the professional skills of a judicial mediator in the communication process. Such levels of formation of the competence of a judicial conciliator as the level of development, the level of experience, the level of skill and, finally, the level of leadership are considered. The authors pay special attention to communication techniques, the introduction and application of which during the conciliation procedure allows to ensure its peaceful course, which motivates the opposing subjects at the stage of exit from the conflict situation to conclude an agreement, taking into account the interests and opinions of each of them.