Peaceful settlement of a civil dispute

A civil dispute may end through negotiations, an amended contract, mediation or a court settlement. The document chosen determines whether a court is needed, whether the state fee is refunded and whether compulsory enforcement is immediately available: an ordinary agreement often requires a new claim, while a court-approved or statutorily enforceable agreement offers a shorter route.

In brief:

• A pre-trial claim is mandatory only when a law or the parties’ contract requires it.
• A court settlement is concluded upon court approval and is enforced through a writ of execution if breached.
• Mediation normally takes up to 30 days (Article 23 of the Mediation Law) and may be extended by agreement for up to another 30 days.
• For an individual, the document’s conditions, form and statutory enforcement route matter more than its heading.

Updated: 05 September 2026

How to choose a peaceful settlement method

The appropriate method depends on the stage of the dispute and the required outcome. The parties may amend or terminate a contract (Article 382 of the Civil Code) by agreement unless the law or the contract provides otherwise. Once a claim has been filed, they may settle all or part of the dispute through a court or mediated settlement (Article 166 of the Civil Procedure Code).

A court settlement and mediation are different procedures. The court approves a court settlement. A mediator neither decides the dispute nor imposes terms: the parties find their own mutually acceptable outcome. A notary may authenticate a private agreement, certify a mediated settlement while acting as mediator, or issue a notarial writ, but these acts have different consequences.

This article concerns disputes between individuals and agreements in family and housing matters. Disputes between companies in an economic court follow a different procedural regime. The article on commercial dispute settlement explains waiver and admission of claims, restructuring and enforcement of agreements between business entities.

When a pre-trial claim is required

There is no general requirement to send a claim before every civil lawsuit. It is mandatory when the law governing the particular dispute or the parties’ contract establishes a pre-trial procedure. Failure to comply causes the court to leave the application unexamined (Article 122 of the Civil Procedure Code), but after the obstacle is remedied the claimant may apply again (Article 123).

As a practical matter, the claim should identify the parties and their addresses, the contract or other basis for the demand, the breach, the requested action, a calculation of any amount, a response deadline, payment details and the attachments. This makes it possible to state in the lawsuit the pre-trial compliance details (Article 189 of the Civil Procedure Code) and attach the supporting compliance documents (Article 191).

The deadline comes from the special law or the contract. A separate rule applies to a request to amend or terminate a contract: court proceedings may begin after the other party refuses or does not respond within the stated period; if no period is set, the waiting period is 30 days (Article 384 of the Civil Code). This does not make 30 days the universal period for every pre-trial claim.

Delivery should be provable. Postal or electronic evidence should establish the recipient, content and delivery date. An additional option is delivery through a notary, who may send the document by post with acknowledgment, deliver it against receipt or use technical means and issue a certificate of delivery (Article 73 of the Notariat Law).

Example. A contract requires a proposal to terminate it before court proceedings but sets no response period. A party sends the proposal and retains proof of delivery. If no answer arrives, the statutory waiting period is 30 days; when it expires, a claim for termination may be filed. A deadline written into the claim cannot override a special statutory period.

How to conclude a court settlement

A court settlement is made in writing and submitted for approval. It must specify the time and manner of performance (Article 167 of the Civil Procedure Code). It may provide for deferral or instalments, assignment, full or partial debt forgiveness or acknowledgment, and allocation of costs. The parties’ obligations may not be made conditional on each other or on uncertain future events.

The parties themselves, or representatives with specific authority, sign the document. The number of counterparts must exceed the number of signatories by one, because the additional copy remains in the case file. The court considers approval at a hearing attended by the parties; personal attendance is not mandatory if the agreement has been authenticated by a notary (Article 168). Notarization does not replace court approval.

At the enforcement stage, the agreement is submitted to the first-instance court that heard the case. The court decides the issue within 10 days. The approval order may be appealed. The court will refuse approval (Article 169) if the terms contravene legislation or affect third parties’ rights and lawful interests.

Approval terminates the proceedings (Article 124 of the Civil Procedure Code). A second case between the same parties, about the same subject matter and on the same grounds is then barred as a consequence of termination (Article 126). Before approval, a party should therefore check the promised performance and the treatment of every original claim.

The agreement should allocate court costs. If it does not, the court will decide (Article 139). Approval of a court settlement is not itself listed as a ground for refunding the state fee, whereas leaving a claim unexamined after a mediated settlement is included in the statutory refund list (Article 18 of the State Fee Law).

Example. The parties submit a settlement after enforcement of the judgment has begun. The court considers it within 10 days. Once it is approved, prior enforcement ends to the agreed extent, and the new deadlines and payments follow the order and the settlement terms.

How mediation works

Mediation is available for civil and family disputes when the outcome does not affect non-participating persons’ rights or public interests. This limitation on scope (Article 3 of the Mediation Law) is particularly important in disputes about children, property owned by several persons and housing rights.

The parties select a mediator from the register. As a general rule, this must be an individual with higher education who has completed special training and passed a qualification examination; notaries and advocates are exempt from the examination. The qualifications and disqualifications appear in the mediator requirements (Article 12 of the Mediation Law).

The parties may first sign an agreement to use mediation (Article 16), either as a separate document or as a clause in the main contract. To begin a particular procedure, they record in writing the parties, subject matter, mediator, procedure, language, place, date and period in an agreement to conduct mediation (Article 20).

The normal period is up to 30 days, extendable by mutual agreement for up to another 30 days; during enforcement of a judicial act, the limit is 15 days. If a case is already pending, proceedings are suspended until mediation ends, but for no more than 60 days (Article 118 of the Civil Procedure Code). The limitation period is also suspended (Article 21 of the Mediation Law).

The negotiations are confidential: absent a statutory exception, participants cannot be examined about facts learned during the procedure, and mediation information (Article 6) cannot be demanded from them. When a settlement is reached, the state fee must be refunded (Article 17), except where the agreement was concluded during enforcement proceedings.

The final document identifies the parties and representatives, their rights and obligations, and the conditions and deadlines for performance. The parties sign it and the mediator certifies it. Unlawful terms (Article 29), as well as terms affecting third-party rights or public interests, are prohibited. The document may itself prescribe the consequences of breach.

Example. The parties allow 30 days for the procedure. If no solution is reached, they may extend it in writing for no more than another 30 days, producing a total agreed period of up to 60 days. This calculation does not apply at the enforcement stage, where the special cap is 15 days.

Which agreements resolve family disputes

The correct agreement in a family dispute depends on the issue. Spousal property, maintenance, a child’s residence and contact with a parent living separately are governed by different rules.

Spouses may divide common property during marriage or after divorce. At their choice, the division agreement may be notarized (Article 27 of the Family Code). A three-year limitation period applies to a judicial division claim after divorce. If the division changes rights to real estate, the document must also satisfy the applicable form and registration requirements.

In divorce proceedings, spouses may submit an agreement stating with whom minor children will live, how and in what amount support will be paid to a child or a spouse in need, and how property will be divided. If there is no agreement or it prejudices protected interests (Article 44 of the Family Code), the court decides those questions.

Parents determine the child’s residence by agreement, based on the child’s interests and taking the child’s opinion into account. Without agreement, the judicial criteria apply (Article 75 of the Family Code). Contact by a parent living separately may be recorded in writing; pre-trial mediation is available, and if it does not resolve the dispute the court proceeds with the guardianship authority (Article 76).

An agreement on maintenance must be in writing and notarized. It has the force of a writ of execution (Article 131 of the Family Code), so a separate maintenance judgment is unnecessary. For a minor, the amount may not be below the judicial entitlement (Article 133).

The parties may select a share of income, a fixed amount payable periodically or once, a transfer of property, another agreed method, or a combination of methods (Article 134). A maintenance agreement may be amended or terminated by mutual consent in the same form; unilateral withdrawal is prohibited (Article 132).

Example. Former spouses agree to divide an apartment and separately arrange maintenance. They document the division and register the change in real-estate rights, while the maintenance terms go into a separate notarized agreement. Combining both outcomes in one document without checking form and registration may prevent the intended result.

How to settle a housing dispute

A housing agreement may allocate rooms, access to common areas, keys, contributions to expenses, the date for vacating, rental accounts or a division of common real estate. An arrangement for use, however, does not necessarily transfer ownership.

An owner and former family members may agree on the manner of using the dwelling; disputes over use and expenses are decided by a court. For privatized housing, the law also requires consents from persons holding protected rights. These rules appear among the family members’ rights (Article 32 of the Housing Code).

Co-owners determine possession and use by agreement of all participants. If they cannot agree, the court sets the arrangement, and a person deprived of proportionate use may claim appropriate compensation (Article 219 of the Civil Code). The property itself may be divided by agreement (Article 223) if division is legally and physically possible.

A separate rule applies to common property in an apartment building: possession and use are determined by agreement of all owners, and failing agreement, by a court. Disposal also requires the consent of all owners (Article 127 of the Housing Code), subject to the special voting rules for granting use or leases over particular parts.

A residential lease or tenancy must be in writing and registered for record purposes; the term, rent and other conditions are set by agreement of the parties (Article 25 of the Housing Code) within the limits of law. An agreed termination should state the handover date, condition of the premises, rent and utility balance, treatment of the deposit and return of keys.

The creation, transfer, restriction and termination of real rights to housing require state registration (Article 13 of the Housing Code). A co-owners’ agreement allocating use of particular parts of a building in accordance with their shares is registered upon application (Article 52 of the Real Estate Rights Registration Law).

When the parties divide a common property, a contract or court judgment proves the change in rights, cadastral files are formed, and termination of the former rights and creation of the new rights are registered. Apartments may not be divided (Article 57) into separate objects within an apartment building; other structures may be used, including allocation of use, shares or compensation.

When a notarized agreement replaces court proceedings

A notary can help avoid a lawsuit when the parties already agree and the chosen arrangement may be notarized. Notarization is mandatory where the law requires it and may also be used at a party’s request (Article 110 of the Civil Code). Authentication and enforceability, however, are different features.

A maintenance agreement is itself an enforcement document. For other obligations, a notary may issue a notarial writ (Article 76 of the Notariat Law) on documents establishing a debt if the materials prove that the claim is uncontested and, as a general rule, no more than three years (Article 78) have elapsed since the cause of action arose.

From 1 March 2026, notarial writs are available for the specified uncontested civil-law claims up to 440.000.000 soum: claims under notarized transactions, enforcement against movable collateral where there is a written notarized transaction, and debts for rent, mandatory apartment-owner contributions, utilities and communications services. The ceiling and categories were established by Resolution PP-280 of 9 September 2025.

This does not mean that every document signed before a notary may immediately be taken to the Enforcement Bureau. The claim must fall within a listed category, be due and uncontested, and the creditor must provide the documents and default notice required for that category.

Example. An uncontested claim under a notarized transaction for 320,000,000 soum is below the 440.000.000 soum ceiling. A claim for 500,000,000 soum exceeds it, so this special ground is unavailable; the existence of a notarized agreement alone does not remove the need to choose another remedy.

What to check before signing an agreement

Before signing, verify the parties, subject matter, authority, form, third-party rights and route to performance. A general power of attorney does not automatically cover a court settlement, an agreement to conduct mediation, a mediated settlement, an appeal or presentation of a writ; each power must be specifically stated (Article 69 of the Civil Procedure Code).

Legal representatives exercise the procedural rights of young children and persons lacking capacity; minors aged 14 to 18 and persons with limited capacity participate with them to the extent set by law. The procedural-capacity rules (Article 42) cannot be displaced by another relative’s signature.

If a parent’s interests conflict with the child’s, the guardianship authority appoints a representative (Article 74 of the Family Code). A guardian also requires the authority’s permission for a notarized transaction, division of property, waiver of a claim or court settlement capable of reducing the ward’s property. Permission or a reasoned refusal must be issued within 15 days (Article 37 of the Guardianship Law).

For real estate, check cadastral details, registered right holders, prohibitions and required consents. Failure to observe mandatory notarization or registration makes a transaction void. If one party has performed a transaction requiring notarization, or the other evades registration of a properly formed transaction, the law permits an application to court (Article 112 of the Civil Code), but the dispute is no longer being resolved out of court.

Example. A guardian wants to include a housing share owned by the ward in a court settlement. The guardian first applies for permission from the guardianship authority. The law allows up to 15 days for permission or a reasoned refusal; without the required permission, the court should not approve a term reducing the ward’s property.

What to do when an agreement is breached

First identify the type of document and its voluntary performance deadline. Then send a demand for performance and use the enforcement route prescribed for that instrument.

For a court-approved settlement, the court issues the writ on a party’s application (Article 168 of the Civil Procedure Code). The original dispute need not be proved again, but the settlement must identify who must perform, what must be done and when.

A mediated settlement is binding on the parties (Article 29-1 of the Mediation Law). The application for a writ is filed in the court at the debtor’s location (Article 358-1 of the Civil Procedure Code). It must include the original or a duly certified copy of the agreement, proof of the state fee and postal expenses, copies for the debtors and the representative’s authority; the deadline is no later than six months (Article 358-2) after voluntary performance was due.

The court refuses the writ if the terms are unlawful, have been amended or cancelled, the obligation has already been fully performed, or the period has expired without restoration. After refusal, the parties may resolve the dispute by claim (Article 358-4). The order may be appealed, and an order issuing a writ is immediately enforceable (Article 358-5).

Writs based on judgments, writs for mediated settlements, notarized maintenance agreements and notarial writs are among the recognized enforcement documents (Article 7 of the Enforcement Law). The presentation period is three years for an ordinary writ and a notarial writ, and six months for a writ on a mediated settlement; a maintenance instrument remains effective throughout the payment period. These presentation periods (Article 27) are different from the six months allowed to apply to the court for a mediated-settlement writ.

Compulsory enforcement is carried out by state enforcement officers of the Enforcement Bureau (Article 3). A debtor may ask the issuing notary to cancel a notarial writ within 10 days after receiving a copy or learning of it. After cancellation, the creditor is directed to pursue the claim through litigation; this follows the 2026 procedure.

Example. The voluntary payment deadline in a mediated settlement has expired, but payment has not been made. The party has up to six months to ask the court for a writ of execution. Once issued, a separate six-month period begins for presenting the writ for enforcement. Waiting for another answer from the debtor should not consume the first period.

What changed in 2025–2026

• Law ZRU-1089 of 20 October 2025 expressly made a mediated settlement binding and allowed a party to seek compulsory enforcement in court. The change took effect upon official publication.
• Resolution PP-280 of 9 September 2025 introduced, from 1 March 2026, notarial writs for the listed uncontested civil-law claims up to 440.000.000 soum.
• The rules registered by the Ministry of Justice under No. 3757 on 19 January 2026 established the notarial-writ procedure, including a debtor’s 10-day objection period after receiving a copy or learning of the writ.
• Supreme Court Plenum Resolution No. 21 of 24 November 2025 clarified that court and mediated settlements are permitted in cases protecting personal non-property rights if third-party rights and public interests are respected.

How to draft an enforceable agreement

An enforceable agreement answers five questions: who owes the obligation, what must be done, in what amount, by what deadline, and which document proves performance. Monetary terms should state an amount or verifiable formula, schedule, payment details, allocation of payments, interest or penalties, and the treatment of security. A transfer of property needs identifying details, its condition and location, and a handover record.

An agreement amending or terminating a contract follows the form of the original contract (Article 384 of the Civil Code), unless the law, the contract or commercial custom provides otherwise. A court settlement should separately state what happens to each claim and to court costs. A mediated settlement should set out rights, obligations, conditions, deadlines and breach consequences.

Phrases such as “the parties have no claims” or “the debtor will pay later” are not enough. State the date and method of payment, the basis on which the original claim ends, the consequences of partial performance and the document available for compulsory recovery. Before ending the proceedings, a party should know whether it will receive a writ of execution, a notarial writ, an independent enforcement document, or only a right to bring a new claim.

The final check concerns third parties and mandatory form. An agreement cannot dispose of another person’s share, prejudice a child or ward, or bypass required notarization and state registration. If those issues remain unresolved, neither a court nor a notary can turn a private promise into an enforceable result.

Frequently asked questions

Can a court settlement be concluded without a court?

The parties may sign an ordinary agreement amending or discharging an obligation, but procedurally it is not a court settlement. A court settlement exists in claim proceedings and is concluded only when the court approves it. If court proceedings are unnecessary, the parties may use an amendment, mediated settlement or notarized agreement. They should establish in advance whether the document is enforceable or a breach will require a new lawsuit.

Is a response to a pre-trial claim mandatory?

That depends on the law and contract governing the particular dispute. There is no universal response period for all civil claims. If no other period is set, a 30-day waiting period applies to a proposal to amend or terminate a contract. Even when a claim is optional, a written response helps record admitted facts, the disputed amount, willingness to negotiate and reasons for refusal.

Must a court settlement be notarized?

As a general rule, the parties sign the settlement and submit it to the court. Notarization is not a universal requirement, although it allows the court to consider approval without requiring the parties’ personal attendance. If the terms include a transaction for which the law requires notarization or state registration, those requirements remain. In every case, the proceedings end only after court approval.

Can parents agree on a child’s residence and contact?

Yes. Parents may determine the child’s residence by agreement and record in writing how a parent living separately will exercise parental rights. The terms must serve the child’s interests and take the child’s opinion into account. If residence is disputed, the court decides; a contact dispute may go to mediation before court, while judicial proceedings include the guardianship authority.

Which result is enforced most quickly after breach?

The shortest route comes from a document that the law already recognizes as enforceable, such as a notarized maintenance agreement. A court-approved settlement requires a writ from the court. A mediated settlement uses a special writ application and two separate six-month periods. An ordinary private agreement, or a notarized transaction without a statutory ground for a notarial writ, may require a new claim.