Historical aspects of the emergence and development of extrajudicial settlement of disputes

Abstract

Transition of Ukraine to market economic relations, changing their legal regulation, opens opportunities for the use of non-state forms of conflict settlement, which will allow you to unload the existing state judicial system. These forms of dispute resolution are called alternatives, because they are used as an alternative to the state settlement of disputes. As European experience shows, in terms of economic freedom and business cooperation, business legal relations are increasingly interested in operational methods of dispute settlement. That is why the Institute for extrajudicial settlement of disputes is capable of becoming an effective means in their solution and a full mechanism in the system of alternative ways to solve them. Therefore, the allocation of historical stages of the formation of the procedures for extrajudicial settlement of disputes contributes to the knowledge of their legal nature as autonomous ways of solving conflicts and methods that increase the efficiency of administrative-procedural activities in general. Characteristic features of the phenomenon of extrajudicial dispute settlement began to be formed at the stages of the birth of human civilization. History of extrajudicial settlement of disputes by scientists to consider as a history of changes in its three forms: antipard or violent, judicial (restoration of violated rights in court) and reconient . Extraordinary methods for resolving disputes at various historical stages were and remain a set of various conciliation procedures, aimed at impartial conflict resolution with the help of certain mechanisms and methods that provide a rapid and effective dispute resolution in order to reconcile the interests of the parties. It is the search for a compromise in the legal dispute and the readiness of the parties to understanding and certain concessions are the fundamental principles of extrajudicial dispute resolution, which creates wide opportunities for reconciliation and further cooperation between the parties. Therefore, there is a need to develop and function in Ukraine by institutes of extrajudicial dispute, which has long effectively operating in many countries of the world.