Parties to Out-of-Court Settlement in Civil Procedure

Abstract

This article researches topical issue related to the establishment of appropriate parties to an out-ofcourt settlement. It identifies gaps that could be eliminated through the preservation of the most effective provisions of the civil procedure law, given the legal positions formulated in arbitration court practice, which would be reflected in the prospective uniform code of civil procedure. The author suggests that the following parties be vested with the right for an out-of-court settlement: individuals involved in the disputed legal relationships, namely, the plaintiff, the defendant and a third party who raises independent claims. In exceptional circumstances it is necessary that the possibility of the involvement of a third party without independent claims when the settlement affects their rights and duties be provided by law.