التوفيق القضائي في الدعوى المدنية : دراسة مقارنة

الملخص EN

In fact, the Iraqi legislator has omitted from the legislation some legal provisions governing the procedures of judicial conciliation in civil proceedings and simplify those procedures for adversaries , as adversaries cannot resort to the judiciary in everything , because reason and interest require to resort to a better and faster way to resolve the dispute between the adversaries since Judicial conciliation is characterized by simplicity, ease and speed in the procedures and get rid of the formal features of the Civil Procedure Law, which gives the parties the freedom to exchange views and reach a comprehensive solution in their disputes .

The legislator did state the definition of judicial conciliation nor did it indicate those legal procedures that opponents must conduct, nor did it indicate what the legal effects of judicial conciliation are.

Therefore, it is necessary to study and address this idea within a general theory and its problems