Abstract
Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to resolve their disputes out of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Arbitration and mediation are one of the most popular institutes of alternative dispute resolution. This article analyzes the legal, social, and cultural prerequisites for the development of the institutes of arbitration and mediation in Lithuania and Ukraine.
Highlights
Notwithstanding legal traditions, in almost all countries exist some forms of alternative dispute resolution
Arbitration as well as mediation have been only discussed in Lithuania and Ukraine on the national level, and there has never been an article where these two Alternative Dispute Resolution (ADR) institutes have been analyzed comparing the situations in Lithuania and Ukraine
Where the State entrenches a feasibility for the parties to select an alternative way of dispute resolution by legal acts, the parties are given the legitimate expectations for relying on that way of dispute resolution, in particular implying that the awards adopted by the arbitration tribunals will be respected and enforced, the awards of the arbitration tribunals may be reviewed in exceptional cases only where the fundamental values are unambiguously breached, and the substance of arbitration, as an alternative way of dispute resolution, would be otherwise compromised” (Ruling of the Chamber of judges of the Supreme Court..., 2014)
Summary
Notwithstanding legal traditions, in almost all countries exist some forms of alternative dispute resolution. The authors of the publication identify these tasks: (1) to examine whether arbitration and mediation already have traditions in Lithuania and Ukraine; (2) to determine if there are any similarities to the evolution of arbitration and mediation in these two countries. Arbitration as well as mediation have been only discussed in Lithuania and Ukraine on the national level, and there has never been an article where these two ADR institutes have been analyzed comparing the situations in Lithuania and Ukraine. Teorija ir praktika, Žukauskaitė, 2019) as well as scientific articles in Ukraine (for instance, Kyseliova, 2011; Kroitor, Mamnitskyi, 2019) discuss arbitration or mediation from practical legal perspective and do not discuss social or cultural conditions for applying these methods of dispute resolution. The topic is analyzed using the sociological method, as a brief survey has been done
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