Agreements on Alternative Methods of Conflicts Settlement: Their Legal Essence and Advantages

Abstract

Introduction. In the article the legal nature of agreements on alternative methods of settlement of the conflicts is analyzed. The terminological problem of use of various categories connected with alternative settlement of the conflicts is considered. The author claims that the agreement under consideration has civil character, and is directed to change of the general order of protection of the subjective civil rights of contractors. The article proves that the conclusion of the designated agreement has essential advantages to contractors since it allows them to save time and money, to keep partnership, confidentiality and to choose a professional intermediary.Materials and methods. The theoretical basis of the research rests on the works by the Russian and foreign researchers in which various methods of alternative conflict settlement are considered. In particular, the terminological issues concerning the use of the term «alternative methods of settlement of disputes» are analysed by Davydenko D.L. The works of the Russian(Inshakova A. Oh, Kazachenok S. Yu., Sevastyanova, TymchukYu.A., etc.) and foreign (Brown J., Harvey K., Kovick D., Susskind E.L.) researchers are devoted to current trends of development of alternative methods of conflicts settlement. The complex research of the existing alternative mechanisms of settlement of disputes is presented in the works «Ways of settlement of disputes in different law systems » (by Artemyev Yu.A., Ermakov E.P., Kovyrshin N.A., Rusakova E.P.), «Alternative mechanisms of settlement of disputes as the instrument of formation of the favorable environment for business activity (evidence of Russia and foreign countries)» (editor-in-chief N.G. Semilyutin. M). At the same time, it is necessary to state that there is a lack of the scientifc works exploring the issues of agreements on alternative methods of conflict settlement. The study used both general scientifc methods (dialectical method of cognition, analysis, synthesis, etc.) and particular scientifc methods (formal legal, logical, etc.) of scientifc cognition.Results of a research. As a result of the analysis, the author’s defnition of the category “agreements on alternative methods of conflict resolution” was formulated, the essential features of the agreements under consideration were identifed, and the advantages of their conclusion were justifed. The author argues that agreements on alternative methods for resolving conflicts are of a civil law nature, and, accordingly, constitute a specifc type of contract (agreement on the use of a conflict resolution complaint procedure, arbitration agreement, mediation agreement).Discussion and conclusion. The need to develop the corresponding practical recommendations is proved taking into account the advantages of the conclusion of agreements to use the alternative methods of conflicts settlement. It is emphasized that the existence of evidence-based practical recommendations about the conclusion of agreements acts as one of the factors ensuring the effectiveness of their realization.