400 International Journal of Criminology and Sociology, 2021, 10, 400-411 E-ISSN: 1929-4409/21 © 2021 Lifescience Global Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study Oleksandr B. Tykhanskyi 1,* , Oksana Z. Khotynska-Nor 2 , Nataliia V. Vasylyna 3 and Maria V. Bondarieva 2 1 Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine 2 Department of Notary, Enforcement Procedure and Advocacy, Prosecution, Litigation, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine 3 Department of Civil Procedure, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine Abstract: The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law. Keywords: Mediation, negotiations, arbitration, commercial arbitration, civil dispute. INTRODUCTION Conceptual reforms of justice in 2016 at the constitutional level were aimed at creating justice of the European type in Ukraine as a democratic state. Such changes have been sought by Ukrainian society since Ukraine's independence, especially in 2013-2014. At the constitutional level, significant changes have been introduced in the judicial system and new administration principles of justice at the institutional level. Within this study's framework, only one but key constitutional innovation is singled out, which indirectly concerns judicial conciliation. Thus, the fundamental constitutional provision covering justice is Article 124 of the Constitution of Ukraine, Part 3 of which states as follows: "The law may determine the mandatory pre- trial procedure for dispute resolution" (Constitution of Ukraine, 1996). Consolidation of this provision at the constitutional level aimed to create specific conditions for resolving conflicts between persons without going to court. In the doctrine, such an approach is defined as *Address correspondence to this author at the Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine; Tel: (044) 286-70-98, E-mail: tykhanskyi6@ust-hk.com.cn the resolution of legal conflicts from the standpoint of interests. This method is based on clarifying and taking into account the parties' mutual interests and aims to reach a mutually beneficial agreement, as a result of which no party to the conflict loses. The practice of using alternative methods of dispute resolution, which are an alternative to official justice in the judicial system of the state, has developed in the world. In Western legal doctrine, such methods are called alternative dispute resolution (Frye, 2019). The result of the alternative process is the awareness of each party of the resolved legal conflict of the fairness of the decision, which will gradually but significantly affect the development of a culture of harmony in society, in contrast to the culture of claims, complaints, and accusations (Romanadze, 2017). It is emphasised that a side effect and no less desirable consequence for the judicial system of Ukraine is the load relief for courts. Such a positive side effect for the judiciary is sought by all states in periods of transformation to democracy (Chan, 2017; Arkhipkina et al., 2020). The effectiveness of judicial mediation creates the foundations for the introduction of the idea of “justice of compromise and social peace” at the constitutional