التوفيق القضائي في الدعوى المدنية )دراسة مقارنة)

الملخص

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.