The dissertation is a complex scientific research of theoretical aspects of civil dispute settlement with the participation of a judge as a new procedural institute and development of proposals aimed at effective improvement of civil procedural legislation in terms of optimizing civil proceedings in resolving civil disputes in Ukraine. During the peaceful settlement of a civil dispute, there is a legislative possibility for individuals to settle a dispute within the law, rather than resolving it in a court on the basis of specific legal norms and in strict accordance with the rules of civil procedural law. In addition to the parties' awareness of the fairness of the decision, a minor but positive consequence of the settlement of a civil dispute with the participation of a judge is the development of a culture of agreement in society and the unloading of courts for the judiciary system.
The first section "Theoretical principles of research on dispute settlement with the participation of a judge among the conciliation procedures of civil proceedings in Ukraine" examines the formation of civil dispute resolution with the participation of a judge in civil proceedings in Ukraine, as well as the purpose, functions and principles of this procedure. It is emphasized that the application of conciliation procedures in civil proceedings should be seen as a display of the principle of dispositiveness, according to which each party to the dispute should have the right to choose options for resolving the conflict and use the arsenal of legal and customary options: from a full-scale judicial proceeding procedure in a general or simplified manner (depending on the circumstances of the case); arbitration of the dispute (if the law allows to transfer the dispute to arbitration); negotiations (claims) and conciliation procedures prior to the court proceeding; mediation; pre-trial settlement of a dispute with the participation of a judge, peaceful settlement in civil proceedings, etc. It is proven that the settlement of civil disputes as a new institute of civil procedural law is designed to maximize assistance to the parties to promptly resolve civil disputes between them, not on the basis of strict legal and procedural procedures, but within the law, taking into account the positions of the parties with the participation of the highly qualified subject - the judge who will conduct an appropriate settlement.
The second section "Grounds for the settlement of civil disputes with the participation of a judge" is devoted to clarifying the key elements of the procedure: the conditions, the role of the judge and determining the range of participants in the settlement of civil disputes with the participation of a judge. It is proven that the settlement of a dispute with the participation of a judge can be applied only in cases of lawsuit proceedings, both general and simplified. Cases of injunctive proceedings for the recovery of small sums of money in respect of which there is no dispute, or cases of separate proceedings may not be a part of the dispute settlement procedure, because in their consideration there is no dispute about the right. It is also established that the categories of cases in which the peaceful settlements cannot be approved by the court, and therefore the dispute settlement procedure can not be applied: on the grounds of nullity of transactions, conditions and procedure for recognition of paternity, cases on invalidation of wills, etc.
The third section "Implementation of the procedure for settling a civil dispute with the participation of a judge" reveals the dynamics of the procedure for settling a civil dispute with a judge, namely: study of the specifics of joint and closed meetings as forms of dispute resolution with a judge in civil proceedings; applied issues in ensuring confidentiality during the procedure for settling a civil dispute with the participation of a judge, as well as the temporal aspects of conducting and terminating the procedure for settling a civil dispute with the participation of a judge.
It is proven that the peaceful process itself does not require detailed procedural regulations and the establishment of a system of evidentiary rules, as they are based on the settlement of civil disputes by the parties by reconciling interests, joint search for possible options for resolving differences and mutual concessions, directed on finding a mutually acceptable or mutually beneficial agreement on a dispute that exists between them.
