HAYARPI ZARGARYAN

Judge of the Anti-Corruption Appeal Court of the RA,

Candidate of Legal Sciences

DOI: https://doi.org/10.59546/18290744-2025.10-12-68

Annotation.

The author has studied the amendments and supplements made to the RA Law “On Mediation”, which relate, among other things, to the introduction of the institution of mandatory mediation aimed at the settlement of family disputes, as well as parallels have been drawn with the amendments made to the RA Family Code and the RA Civil Procedure Code in line with these amendments.

In the process of creating the work, both foreign literature (also available via electronic links) and domestic and international legal practice were used. The issues raised by judges in practice were also taken into consideration.

The author has resolved the legislative gaps in the introduction of mandatory mediation, presented some observations related to the extrajudicial procedure of mandatory mediation, and made proposals for legislative amendments to both the RA Family Code and the RA Civil Procedure Code.

As a result of the conducted studies and analyses, the author came to the conclusion that it is necessary to make legislative amendments to Part 2 of Article 68 of the Family Code of the Republic of Armenia, Part 1 of Article 69 of the Family Code of the Republic of Armenia, as well as to consider the grounds for returning the claim in case the procedure for resorting to mandatory mediation before applying to court in accordance with the procedure established by the RA Law “On Mediation” with disputes arising from civil, family, labor, and in cases provided for by law, other legal relationships, as well as to consider Article 127, Part 1, Point 3 of the RA Civil Procedure Code as a basis for the return of the claim, establishing a legal opportunity to correct such a defect and re-submit the claim to the court.

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