ЕФЕКТИВНЕ ВРЕГУЛЮВАННЯ СПОРУ: ОСНОВНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ У СВІТІ

Abstract

The topic of effective dispute resolution has been explored, as various conflicts are an integral part of public life or, as scholars rightly point out, conflicts are inevitable. The approaches used to resolve them are diverse and characterize the evolution of justice – from traditional litigation to modern alternative conciliation procedures and the so-called "conflict management", which helps not only to resolve disputes but also to maintain normal and productive relations between its participants in future. Alternative dispute resolution can be seen as a reaction to the significant increase in the number of appeals to court, the increase in court costs and the increase in court hearings, which inevitably accompany this form of protection of rights during the twentieth century. The first studies ~ 64 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 of alternative dispute resolution procedures can be found in the 1940s, but the interest of researchers increased significantly in the 1960s and 1970s, which led to the implementation of the concept of out-of-court protection in many countries, but not to dispute resolution. The basic modern approach to dispute resolution is characterized as a constructive dialogue for finding a compromise by any means, based on the vision of conflict as an integral and inevitable phenomenon that accompanies the dynamics of human relations. A change in the perception of the conflict should lead to a change in the established tools for their settlement into a comprehensive system that allows not so much to resolve it as to control, thus endowing it with constructive features that generally contribute to the development of productive relations. Accordingly, referring to our chosen epigraph, the vision of disputes as a basis for battle will grow into an awareness of their usefulness, if they are settled and controlled by experts.