Alternative Dispute Resolution Methods Research Articles

Mediation as a type of alternative dispute resolution: definition, advantages and disadvantages

The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere.

Преимущества примирительных процедур для сторон в судебном процессе

Conciliation institutions reduce caseload. Some states also see them as a way to ensure public access to justice and strengthen social peace. This article introduces a systematic approach to conciliation procedures, or pre-court mediation. It describes such concepts as social management system, legal regulation, judicial activity, justice, judicial enforcement, alternative methods of dispute resolution, and conciliation procedures. The research relied on the methods of formal logic, legal system analysis, formal legal method, and functional methods. The author identified a system of social regulation that combines reconciliation and legal procedures, as well as classified domestic conciliation institutions as private, private-public, and public. Institutions of public conciliation appear when private reconciliation integrates with jurisdictional activities. Public principles enter conciliation procedures if the state body, e.g., court, has the right to regulate, organize, or conduct reconciliation, as well as approve its results. Pre-court reconciliation has some advantage for the parties. First, it is effective if both parties sought reconciliation: even if the decision is not ideal, they may still find it satisfactory. Second, mediators are free to employ a wider range of regulators, both legal and non-legal, e.g., morality, religion, traditions, corporate norms, etc. Third, conciliation procedure is much less complex than a trial. Pre-court mediation is beneficial for the society in general and needs to be popularized as an effective de-litigating tool that is profitable for both parties. However, the scope of alternative forms of dispute settlement could be expanded only if the parties understand the personal benefits they get from pre-court mediation.

Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine

The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.

Appraisal of Challenges Confronting Recognition and Enforcement of Arbitral Awards in Nigeria

Arbitration is an alternative dispute resolution method often commenced by express agreement of parties in a dispute. Arbitration has become an increasingly preferred method of settling commercial disputes and thought to have advantages over the traditional litigation. However, a problem could emerge where one party to the arbitration is unwilling to comply with the terms of the award. In this case a successful party is left with no option than to use the enforcement machinery of the courts. This paper adopts the doctrinal approach in discussing the issues with the procedure provided for in the various rules of courts for recognition and enforcement of arbitral awards. It also identifies the challenges inherent in the recognition and enforcement of arbitral awards. The paper identifies other enforcement machineries outside the courts and concludes that arbitration, if not properly managed may ultimately cause delay in enforcement and become a time wasting method therefore defeating the very essence of opting for arbitration instead of litigation. Keywords: Challenges, Recognition, Enforcement, Arbitral Award

The effectiveness of alternative methods of commercial dispute resolution: a comparative analysis of arbitration and mediation

Alternative dispute resolution (settlement) methods, including any kind of out-of-court dispute resolution, are gaining popularity in the Republic of Uzbekistan. This article discusses the general concept of alternative dispute resolution methods, their effectiveness, and distinctive features. The article is also devoted to comparing alternative dispute resolution methods such as mediation and arbitration. This analysis revealed the similarities and differences between the two procedures.

Harmonizing Conflict: Exploring Global Applications of Alternative Dispute Resolution Methods

This study examines the domain of conflict resolution through a comparison of conventional trial procedures and alternative dispute resolution (ADR) techniques. The author highlights the critical importance of trials in protecting interests and rights, while also recognizing inherent constraints such as protracted proceedings and financial strains. In light of the progressive development of democratic societies, there is a noticeable transition towards alternative methods of resolving disputes, which calls for a thorough assessment of their merits and demerits. The study focuses on mediation, arbitration, negotiation, and conciliation as primary ADR techniques, elucidating their applicability, advantages, and limitations across diverse scenarios and jurisdictions. It emphasizes the contextual dependency of ADR methods and their effectiveness in addressing commercial, familial, and international conflicts. The emergence of online dispute resolution (ODR) as a burgeoning field is also explored, highlighting its potential to enhance accessibility and efficiency in conflict resolution. The analysis concludes by promoting mediation as a fundamental aspect of modern dispute resolution frameworks, highlighting its focus on human interests and its ability to cultivate harmonious relationships. The ongoing development of alternative dispute resolution (ADR) methods, in conjunction with advancements in technology and cultural awareness, presents an opportunity to transform the field of conflict resolution by enhancing its adaptability and inclusiveness.

Effectiveness of Mediation and Arbitration as Alternative Dispute Resolution Methods in Mexico

Purpose: To aim of the study was to analyze effectiveness of mediation and arbitration as alternative dispute resolution methods
 Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.
 Findings: Mediation and arbitration offer efficient, cost-effective alternatives to litigation. Mediation involves facilitated negotiation sessions with a neutral mediator, fostering open communication and tailored solutions. Arbitration entails submitting disputes to a neutral arbitrator for a binding decision. Both methods ensure confidentiality, expertise, and enforceability, making them highly effective in resolving disputes outside of court.
 Unique Contribution to Theory, Practice and Policy: Theory of social exchange, justice theory & game theory may be used to anchor future studies on effectiveness of mediation and arbitration as alternative dispute resolution methods. Practitioners in the field of alternative dispute resolution should prioritize enhancing their skills and competencies to effectively facilitate mediation and arbitration processes. Policymakers should prioritize the promotion of mediation and arbitration as viable alternatives to traditional litigation within legal frameworks and regulatory environments.

Mediation as a conflict resolution tool in criminal proceedings in the context of martial law

The research relevance is determined by the need to develop alternative dispute resolution methods to improve the mechanism of protection of citizens’ rights in the context of a full-scale invasion. Therefore, the study aims to analyse the institution of mediation in criminal proceedings with due regard to the peculiarities of martial law. A range of methods were used for this purpose, namely, formal legal analysis logical analysis, legal hermeneutics, dogmatic method, logic and functional analyses. The study revealed that mediation is used in criminal proceedings only to reconcile the victim with the suspect. This procedure can solve the problem of overloading the courts and potentially delaying the resolution of disputes. As noted, under current legislation, a reconciliation agreement in criminal proceedings for domestic violence can only be concluded at the initiative of the victim; it was determined that it is necessary to provide that the relevant initiative for mediation in cases of such offences should also come from the victim. As suggested, legislative provisions should include mandatory participation of the victim’s representative in criminal proceedings in case the court decides to release the victim from serving a sentence with probation, substitute the remaining part of the sentence with a lesser one, or grant early release from serving a sentence. The ways to improve human rights guarantees in the mediation procedure under martial law were considered. The practical significance of the results obtained is to provide recommendations for improving the modern mechanism of this institution in criminal proceedings

Mediation as an Alternative Dispute Resolution Outside the Court in the Context of Health Disputes Post-Enactment of Law Number 17 Of 2023 Regarding Health

This paper undertakes a normative review of mediation as an alternative dispute resolution method outside the court, specifically in the realm of health disputes. The complexity of health-related conflicts involving diverse stakeholders, including patients, medical personnel, healthcare workers, and hospitals, necessitates a nuanced approach for effective resolution post the enactment of Law Number 17 of 2023 concerning Health. Resolving health disputes extrajudicially proves highly effective and beneficial, catering to the essential needs of patients, medical personnel, healthcare workers, and hospitals. The paper will elucidate the advantages of mediation as an alternative dispute resolution outside the court in the context of health disputes and the challenges associated with implementing mediation in this domain. Consequently, the research will underscore how mediation emerges as a potent tool for settling disagreements among the myriad parties entangled in health-related disputes. Anticipated outcomes of this paper include providing stakeholders, such as patients, medical personnel, healthcare workers, and hospitals, with a comprehensive understanding of mediation as an effective alternative for resolving health disputes outside the formal court system. Keywords: Mediation, Alternative Dispute Resolution, Health.

Review of Alternative Dispute Resolution Methods in Construction Projects

Disputes are common in construction projects due to their dynamic and complex nature. If project leaders ignore finding resolution quickly, these disputes can impact negatively on project performance. Therefore, effective dispute resolution is important for successful project performance and closure as well. This paper comprehensively explores the use of Alternative Dispute Resolution (ADR) techniques for construction disputes focusing on negotiation, mediation, arbitration, expert determination, and adjudication. The study investigates the effectiveness and applications of each ADR method, emphasizing the advantages of ADR, including time and cost savings, confidentiality, and relationship preservation. This paper provides a better understanding of these mechanisms for anyone involved in construction projects. Furthermore, the paper offers a strategic approach to choosing the most suitable ADR method, considering factors such as financial constraints, organizational dynamics, legal requirements, and the nature of the dispute.

Awareness and perception of alternative dispute resolution methods in Penang

Alternative dispute resolution (ADR) methods serve as cheaper and faster options to settle disputes in place of litigation. Although the local government and relevant ADR bodies in Malaysia have been taking initiatives to promote ADR to lighten overloaded courts’ load and create a peaceful and harmonious society, the awareness level still leaves room for improvement. This study aimed to investigate the perception and awareness level of ADR in Penang. Questionnaires were distributed to the course participants of an ADR training course in Penang. The analysis shows that while a large majority of the participants were aware of ADR before enrolling in the course, more than half of them believed that ADR methods were not actively utilised in Malaysia while about two-thirds believed that the general public was not aware of such options. Actions such as more media campaigns and greater institutional support should be undertaken to educate and heighten the public’s awareness about the ADR’s availability, processes and functions so that they could be translated into greater usage.

Problems of development of mediation in Kazakhstan

In this article the author considers and analyses the issues of legal regulation of the institute of mediation in our country, which is an alternative method of dispute resolution. In addition, the article considers some issues of implementation of the law on mediation, as well as amendments to this law. Through mediation disputing parties can come to a mutually acceptable solution with the participation of a neutral mediator. In the course of writing the article a review of scientific and theoretical works of a number of foreign and domestic scholars on this topic was conducted, as well as the features of mediation as an institution were analysed. In the article the author compared the development of mediation institute in Kazakhstan with the experience of foreign countries. The author also analysed the advantages and disadvantages and peculiarities of the organisation of mediation in Kazakhstan. In addition, the issues hindering the expansion of the scope of application of mediation are noted. In particular, the lack of information about the institution of mediation, the associated mistrust of the population, as well as the lack of professional mediators are the main factors that hinder the development of mediation. At the end of the article, the author suggested ways to address these issues in order to pave the way for the development of mediation.

Terapinė jurisprudencija – kelias pasitikėjimo teise link. Mediacijos atvejis

The article analyses the implementation of therapeutic jurisprudence in mediation. Therapeutic jurisprudence is an interdisciplinary field of study that seeks to explore how the negative effects of legislation and the application of law can be reduced and the therapeutic effects enhanced. The judicial process often exacerbates an existing conflict and intensifies the negative experiences caused by the conflict itself. Therefore, the objectives of therapeutic jurisprudence can be achieved through alternative dispute resolution methods, including mediation. The work reveals how aims and principles of mediation implement the ideas of therapeutic jurisprudence and how the use of mediation allows for the achievement of a socially beneficial goal of increasing trust in the legal system. 
 The article provides a comparative analysis of mediation in family cases in Canada and Lithuania and assesses whether the ideas of therapeutic jurisprudence are implemented in Lithuania through the institute of family dispute mediation. The comparative analysis of Lithuanian and Norwegian regulation of mediation in criminal justice shows that that the Norwegian model of victim-offender mediation can serve as a model for the realization of the goals of therapeutic jurisprudence in Lithuania.

Appraisal of Alternative Dispute Resolution Methods Used in Construction Industry of Abeokuta Ogun State.

The construction industry is a vital component of economic development in Abeokuta, Ogun State, Nigeria, characterized by its dynamic and complex nature. With the increase in construction activities, disputes are inevitable, often leading to project delays, cost overruns, and strained relationships among stakeholders. To address these challenges, alternative dispute resolution (ADR) methods have gained popularity as effective mechanisms for resolving disputes in the construction industry. This research paper aims to provide a comprehensive appraisal of the ADR methods used in the construction industry in Abeokuta, Ogun State. The study employs a qualitative research methodology with the aid of focus group discussion strategy employing various stakeholders, including construction professionals, legal experts, government officials, and project owners. The research investigates the types and frequency of disputes encountered in construction projects, explores the awareness and utilization of ADR methods, and evaluates the effectiveness and efficiency of these methods in resolving disputes. The research highlights the need for increased awareness and education about ADR methods among construction professionals in Abeokuta. It underscores the importance of establishing an ADR framework tailored to the specific needs and challenges of the local construction industry. Furthermore, the study suggests that a more structured and standardized approach to ADR could lead to more efficient and timelier dispute resolution, ultimately benefiting the construction industry's stakeholders.

The concept of corporate conflict and alternative ways to resolve it in the Asia-Pacific countries

The subject of this study is the concept of "corporate conflict", its problematic aspects when defining, signs, as well as alternative ways to resolve such conflicts in different countries of the Asia-Pacific region. The author examines many diverse approaches to the concept of "corporate conflict", based on the opinion of scientists from the Asia-Pacific region and draws conclusions based on the selected literature. The author also examines in detail alternative ways of dealing with corporate conflicts in such Asia-Pacific countries as the USA, China, Japan. The author highlights the types of alternative dispute resolution unknown to the legislation of the Russian Federation, such as mini-trial, common in the United States, and formal commercial mediation used in the PRC. Attention is also paid to alternative dispute resolution methods such as mediation, arbitration, ombudsman and the combination of mediation and arbitration. The author uses such scientific research methods as description, analysis, synthesis, comparative legal method, sociological method. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative mechanisms for resolving corporate disputes in the law of the countries of the Asia-Pacific region. The author also identifies the signs and features of the concept of "alternative conflict" based on the research of a group of scientists from different countries and gives his own definition of this term, which is the most complete, and, in the author's opinion, takes into account all the features of this concept. The conducted research can help entrepreneurs understand the possibilities of out-of-court dispute resolution when doing business in the countries of the Asia-Pacific Region, and can also contribute to the scientific community to evaluate special types of alternative dispute resolution methods and consider the possibility of applying these methods in practice in the Russian Federation.

Growth of Alternative Dispute Resolution Method in The Legal System

Alternative Dispute Mechanism is viewed as the most significant and critical perspective in present day time of dispute settlement. It is an old peculiarity and technique to determine the questions through amicable settlement. It will assist with settling the debate without meddling by unbending court method and conventions. ADR component demonstrate exceptionally helpful, essential and more successful in commercial and civil dispute. The complicity of business and common questions can undoubtedly oversee through the ADR without meddling by details and complex methodology of regulation. The non-intercession by supporters and court will make it more powerful instrument for question settlement. It might consider as elective technique for equity conveyance framework in India. In this exploration paper the specialist will attempt to examination the ADR framework is elective strategy for dispute settlement and way for the Alternative mechanism of existing complex legal framework. The examination will be contended with a goal to investigate the concentrate between the ordinary strategy versus ADR technique for debate settlement and will close by giving a few viable arrangements that ADR is considered as an essential choice in settlement of questions.

Mediation in Administrative Law Proceeding: Comparative Legal Analysis of the Legislation of the Federal Republic of Germany and Ukraine

The article highlights the content of mediation as an alternative method of administrative law dispute resolution through the prism of analysis of the relevant legislation. The relevance of this topic is primarily associated with the problems of resolution of administrative law disputes by the means of litigation. Therefore, mediation appears as a way to find a compromise for both parties, which can be achieved with the help of a mediator whose purpose is to resolve a conflict situation and assist in making a decision which would satisfy the interests of both parties. The purpose of this article is to study mediation as a method of alternative dispute resolution in the administrative process in its broadest sense, i.e., including administrative procedure and administrative proceedings, based on the comparative legal analysis of Ukrainian and German legislation. To achieve this goal and solve the tasks stipulated by it, the following scientific methods were used: systematic, formal legal, comparative legal, analysis and synthesis, and generalisation methods. The article examines the legislation on mediation: domestic and German. It is established that in the legislation and practice of European countries, mediation has been used for a rather long period of time in the resolution of administrative law disputes. Such a widespread use of mediation in administrative law issues is associated with Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe to member States on alternatives to litigation between administrative authorities and private parties, dated 5 September 2001, which emphasises that the use of alternative means of settling administrative disputes makes it possible to resolve these problems and bring the administrative authority closer to the public. The author substantiates the relevance of legal regulation of mediation as a means of resolving administrative law disputes in Ukraine.

"MILLIY QONUN HUJJATLARIDA MEDIATSIYA INSTITUTINING UMUMIY TAVSIFI HAMDA USHBU SOHA DOIRASIDA ANIQLANGAN MUAMMOLAR "

"his article covers a general description of the institution of mediation in our national legislation and the problems identified in this field. In which countries the mediation institute was first formed and how this institute developed, as well as analyses of the role of this institute in resolving disputes, are presented. In the next part of the article, the entry of the “Mediation” institute into the legislation of Uzbekistan and the chronology of the adopted normative legal documents are analyzed. And how the use of mediation in conflict resolution had a positive effect on the development of civil society in Uzbekistan. This article presents the views and analyses of national and European jurists regarding the institution of mediation. The article also mentions other methods of alternative dispute resolution. In the process of researching this topic, further development and improvement of the institution of mediation at the stage of execution of court documents A number of proposals and recommendations have been developed, taking into account the research and proposals of several legal scholars. "

Enforcing Sustainability

After the Lisbon Treaty, the European Union (EU) has prioritized sustainable development as a key aspect of its external trade and investment policy. This emphasis on sustainability has been reinforced through treaty- making and has received support from the Court of Justice of the European Union (cjeu). However, there are notable variations and nuances in the understanding and implementation of sustainability in the EU’s treaties. Moreover, these treaties introduce innovative dispute resolution mechanisms, such as arbitration and alternative dispute resolution methods, which can significantly impact international dispute settlement practices. Opinion 2/ 15 on the EU- Singapore Free Trade Agreement marked a crucial moment in clarifying the scope and nature of sustainable development chapters within the EU’s trade and investment policy. Different agreements concluded after the Lisbon Treaty reflect diverse approaches to sustainability. In the context of environmental protection, these agreements encompass a range of provisions, from generic to more specific clauses addressing particular aspects. This article critically analyzes the effectiveness and scope of “green conditionality” within the Sustainable Development Chapters of EU-established Trade and Investment Agreements. It examines the incorporation of environmental provisions in these agreements, evaluates their role in promoting sustainable development objectives, and explores the implications of dispute settlement and international arbitration mechanisms. This analysis aims to provide a cutting- edge perspective on the topic.

"Conflict Management in Romanian School Communities: an Examination of Practices in Cluj-Napoca High Schools"

This article delves into the nuanced landscape of conflict management within Romanian school communities, with a specific focus on administrators, teachers, students, and parents. This study conducted comprehensive research involving four high schools in Cluj-Napoca, employing a multifaceted approach incorporating focus groups and surveys. The findings of this investigation reveal a prominent trend in conflict resolution within these school communities: conflicts are primarily resolved through administrative decisions and sanctions. This predominant reliance on hierarchical authority structures to address disputes emerges as a dominant theme, while awareness and utilization of Alternative Dispute Resolution (ADR) methods are notably absent.