Form Of Alternative Dispute Resolution Research Articles

Alternative forms of resolution of administrative and legal disputes

Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using special scientific methods. In accordance with a generally systematic approach, comparative-legal, formal-legal methods were used. It is noted that the technology of alternative resolution of a legal dispute can be found out as a specially created and empirically based system of methods and rules of purposeful step-by-step activity in this direction and the very set of alternative forms of dispute resolution with a certain sequence of application. The resolution of administrative and legal disputes by state institutions of non-judicial protection is carried out by state bodies, local self-government bodies and officials whose activities are regulated by national legislation and departmental regulations. Administrative-legal disputes are classified according to the criteria of the bodies that resolve the dispute: those that are resolved in court, administratively, and conciliation procedures. The alternative way of resolving an administrative-legal dispute is proposed to be understood as a procedure for resolving administrative-legal disputes regulated by the norms of administrative and administrative- procedural law, which is not related to the exercise of public-authority powers by entities that are not parties to the dispute. The parties to the dispute may have public-authority powers, and the implementation of alternative resolution of administrative-legal disputes may be an element of administrative competence. Further research will be aimed at determining the possibilities of using digital technologies as an alternative form of administrative dispute resolution.

Looking Around: Should Thailand Promote Mediation Effectiveness and How?

Mediation as a form of alternative dispute resolution has many advantages compared to other dispute resolution methods, especially those of adjudicatory nature, such as litigation and arbitration. Thailand and Singapore share a similar policy of advocating the practice of mediation. That said, Thailand seems to focus principally on domestic mediation, while Singapore tends to position itself as a mediation hub for international disputes. In terms of the legal framework, both countries have enacted legislation and regulations that endorse, effectuate, and facilitate mediation. In both jurisdictions, these laws and regulations aim to uphold the principle of party autonomy, provide the necessary support, create a mediation-friendly climate, maintain the integrity of the process, and ensure the enforceability of valid mediated settlement agreements. This article, which is intended to be descriptive, discusses some important concepts and characteristics of mediation and explores the legal frameworks of mediation in Thailand and Singapore, as well as both countries’ experiences in dealing with this non-adversarial dispute settlement mechanism.

Settlement as a Form of Alternative Dispute Resolution in Administrative Matters: The Case of Slovenia

This article discusses settlement as an alternative method of resolving administrative matters in Slovenian law. Its main objective is to identify problems caused by the current regime and to propose some solutions. To achieve this aim, it relies in particular on the comparative and dogmatic research method. The author notes that – in contrast to many comparative law regimes – Slovenian law generally does not allow for settlement between an administrative authority deciding on an administrative matter and a party to an administrative procedure, but only for settlement between parties with opposing interests. Most administrative cases are thus still settled by an administrative decision. The author considers that a settlement between the administrative authority and a party to an administrative procedure should also be introduced into Slovenian law, but it should be limited only to certain administrative matters or only with respect to (part of) the content of the (later issued) administrative decision.

Legal grounds for implementing the institution of recourse to the mediation procedure and the use of other alternative methods of resolving tax and customs disputes

In the research it is emphasized that, in some states of the European Union EU, tax mediation is already used and considered not only as an alternative method of dispute resolution, but also as a method used to prevent the occurrence of a tax dispute in the future. Thus, on the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., the article examined modern approaches to the characterization of mediation as a procedure for peaceful settlement of disputes, paying attention to its characteristic features and differences from other forms of alternative dispute resolution. The state of legal regulation of the mediation procedure in public disputes in general, and in tax disputes in particular, using the example of Latvia and Ukraine, is highlighted. It is concluded that the necessary condition for carrying out mediation in public disputes should be enshrined in the administrative procedural legislation, not only the powers of state and municipal authorities to initiate mediation should be, in addition, to recognize such a decision in the form of an administrative contract, from which legal consequences with the character of public law are derived.

The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation

The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends.Aim. Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation.Tasks. The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents.Methods. Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used.Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018.Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states.

An Alternative Resolution of International Disputes: A Review of the Polish Approach

In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new importance. In Poland, an increasing number of mediations and arbitrations in international (cross-border) cases are being observed. However, the number and importance of international ADR in Poland is much lower than in other European countries. Polish advocates and legal advisers, experienced in conducting international arbitration and mediation, explain the Polish specificity, genesis, and perspectives of ADR in international disputes. The comparison of lawyers’ experiences with the collected data thoroughly describes the state of out-of-court forms of dispute resolution in these types of situations. The study, based on interviews with Polish jurists, statistical data analysis, and an analysis of nonreactive materials, demonstrates the far-reaching deficiencies and problems of the Polish system of alternative dispute resolution in transnational cases.

AI AND ONLINE DISPUTE RESOLUTION: MEDIATION

The paper will address the problem of replacing human in dispute resolution taking Mediation as an example. The widespread use of internet and online technology has led to the emergence of various e-commerce businesses across different sectors of the economy, resulting in a constant flow of transactions. The importance of the internet in the virtual realm cannot be denied, and this has led to the emergence of virtual disputes that require virtual settlement mechanisms. Online Dispute Resolution (ODR) is a form of Alternative Dispute Resolution (ADR) that has arisen to address this issue. This paper aims to examine the potential applications of Artificial Intelligence (AI) in ODR, specifically in the context of transnational disputes to AI instead of Human interference. This paper will state the analysis methodology used in studying the topic The incorporation of AI into ODR systems has the potential to accelerate the settlement of low-value transnational claims. ODR typically involves negotiation or settlement during mediation or arbitration using video, audio, or written collaboration software, or any other digital platform where parties can come together to resolve their disputes.

The role of family mediation in the prevention of domestic violence

The relevance of the topic of scientific research is determined by the acuteness of the problem of domestic violence and the need to improve comprehensive measures to prevent and counter violent behavior in the family, household, and family. Under these circumstances, the article is devoted to the study of family mediation as an innovative means of solving family conflicts, which in a certain way makes it possible to level the causes and risks of the formation of polyphonic deep conflict domestic violence and, accordingly, serves as a significant factor in reducing the scale of domestic violence. Methodological tools are chosen in accordance with the set goal, specifics of the object and subject of research. The provisions of domestic and international legal acts in the field of mediation are analyzed. It has been established that mediation is one of the forms of alternative dispute resolution. The functions of family mediation are outlined and the stages of the mediation procedure are separated. The advantages of family mediation are revealed and the inadmissibility of using mediation in cases of domestic violence is emphasized.It is noted that family mediation is a powerful resource in the settlement of real or potential disputes, which thus contributes to the establishment of productive interaction between participants in family and family relations. The obtained results of the study made it possible to reach a conclusion about the expediency of using family mediation as a separate direction of prevention of domestic violence.The provisions set out in the scientific article can to be used in: − the scientific and research field – for the development of relevant areas of mediation and for the further development of this scientific area; – in the educational process – for the preparation of lecture materials, coursework, diploma theses in the academic disciplines “Civil law”, “Family law”, “Actual problems of combating domestic violence”, “Criminology”, “Legal psychology”; “Preventive psychology”; – the right to applicable activity – to improve and improve the practical activity of subjects who carry out measures to implement state policy in the field of prevention and countermeasures against domestic violence.

It’s All About the Money. Or Is It?

Abstract The Dutch Financial Services Complaints Institute (Kifid) offers a form of alternative dispute resolution (ADR) to consumers who have a complaint about a financial product or a financial service. Kifid first tries to mediate between the consumer and the financial services provider. If mediation fails, the Arbitration Commission will issue a binding decision. Using a survey among recent Kifid users (N = 506), this paper asks: how do consumers experience the Kifid complaints procedure, and to what effect? This study confirms the general finding from earlier research that procedural justice plays an important role in complaint procedures. The overall Kifid satisfaction level is shaped by both the perception of the process and the outcome of the complaints procedure. Moreover, if consumers experience more procedural justice, they are more willing to accept their Kifid decision. While most previous studies were limited to users’ experiences with ADR in general, this paper distinguishes between two different ADR mechanisms. The results indicate that those consumers whose complaint was solved by mediation experienced more procedural justice than those whose case was settled by arbitration. Moreover, the first group of consumers gives Kifid a (much) better overall score than the second group.

조정제도의 혁신을 위한 법정책적 과제

Mediation, a flexible method of ADR (Alternative Dispute Resolution) is increasingly being recognized as an essential means in resolving various disputes. This is due to the fact that arbitration, which is thought to be the leading form of ADR has lost much of its initial advantages in time and cost, since it’s procedure has become rather complex, something more akin to litigation.
 First, legislative measures for the domestic implementation of the Singapore Mediation Convention include amending existing laws and enacting new laws. Synchronizing the enforcement date of the new law with the timing of ratifying the Singapore Mediation Convention is not enough to prevent a gap in regulation from arising. In this regard, it is preferable to enact new laws rather than amending existing laws. Moreover, it would be a more rational approach to enact a framework act on mediation or an act specifically designed to facilitate civil mediation, as opposed to limiting ourselves only to regulating international commercial mediation with the implementation of the Singapore Mediation Convention.
 As for administrative mediation, currently there are about 70 Dispute Mediation Committees in various government and administrative agencies based on individual laws. Although there are Dispute Mediation Committees that do not have a secretariat, many have secretariats that conduct factual investigations, after which the agenda is presented to the Mediation Committee or a Mediation Division. The legal effect of administrative mediation is also problematic. Some mediation agreements have the same legal effect as settlement in court, while others are similar to civil settlement. At some Dispute Mediation Committees the parties are obliged to participate in mediation and fines are imposed in case of violation, while at other Committees, no such obligation is recognized. Uniformity or consistency are also lacking in respect of grounds for disqualification, and rules on exclusion, challenge, and avoidance. A framework act on administrative mediation should be enacted so as to uniformly regulate the basic elements of the mediation procedure.
 Arbitration and mediation are the two main forms of ADR. And for both, private autonomy is the essential foundation. A Task of innovating mediation is pursuing the effective resolution of disputes by way of combining arbitration and mediation. Although the two forms can be practiced separately, there are hybrid forms that combine the two, and here private autonomy remains critical.
 Our mediation system should allow for connecting mediation and arbitration and create a hybrid form. In civil law countries such as Germany, given the consent of the parties, there is no problem, from the standpoint of private autonomy, in recognizing the same person as a mediator and an arbitrator. Mediation and arbitration do not have to be kept separate. Not only is a hybrid form possible, it is desirable, and should be actively pursued.
 Ratifying the Singapore Convention on Mediation and introducing legislation on its domestic implementation should, in the advent of the Era of Mediation, serve as an opportunity for fundamentally reforming and innovating mediation by proactively preparing the legal framework for training and educating mediators, and enhancing their competencies.

Development of the attitude toward mediation scale

AbstractMediation is a form of alternative dispute resolution that has been acclaimed for its effectiveness in reaching settlement—as well as relationship‐oriented goals, as well as for being faster and cheaper than a judicial procedure. However, despite mediation's rising popularity and use, the success of its uptake remains limited, with large local differences in implementation rates. While attitude has been regarded consistently as a predictor of behavior, researchers currently lack a reliable and validated way of assessing attitude toward mediation in the general population. Therefore, this study aimed to develop and psychometrically evaluate a measure to assess attitude toward mediation. The Attitude toward Mediation Scale (AMS) was developed by integrating the attitude and mediation literature and by adapting established attitude measures to reflect attitudes toward mediation. Based on data collected between April 15, 2021 and April 26, 2021 in 1220 Flemish adults (1004 women, 213 men, 3 nonbinary adults) between the ages of 18 and 80 (M = 42.57, SD = 14.51), results provided initial support for the reliability and construct validity of the AMS. In addition, while the attitude toward mediation was generally positive, results indicated that women reported more positive attitudes than men, and that as age, level of education, and knowledge of mediation increased, the attitude toward mediation was more positive. We hope this measure encourages future researchers to study the association between attitude toward mediation and its uptake, increasing the understanding of its varying implementation rates.

The Role of Mediation Agreement of Divorce Which Ended Amicably (Case at Yogyakarta Religious Court)

Mediation is one form of alternative dispute resolution outside the Court. The purpose of mediation is to resolve disputes between the parties by involving a neutral and impartial third party. The process of implementing mediation is actually very simple, but in reality there are many things that hinder or complicate the success of mediation. It is proven from the number of unsuccessful mediations compared to successful mediations in court. The formulation of the problem proposed is: How is the consideration of the divorce mediation peace agreement at the Yogyakarta Religious Court and whether the divorce dispute mediation agreement is in accordance with Supreme Court Regulation (Perma) No. 1 of 2016. The purpose of this research is to find out how the consideration of the peace agreement on divorce mediation in the Yogyakarta Religious Court and to find out the divorce mediation agreement according to Perma No. 1/2016. 1 of 2016. This research includes Empirical Research. Research data were collected by means of interviews and literature study. The analysis was carried out by Sociological Jurisdiction. The results of the analysis at the Yogyakarta Religious Court in 2017 mediation succeeded in reaching an agreement that only 11 cases out of a total of 241 cases were mediated, in 2018 only 19 cases out of a total of 265 cases, in 2019 only 23 cases out of a total of 204 cases, and in 2020 only 16 cases out of a total of 191 cases. Consideration of peaceful mediation, namely the role of the mediator and the good faith of the parties in conducting mediation. 1 of 2016, such as the type of case requiring mediation, good faith in taking mediation, costs incurred in mediation, mediation venue, and mediator certification. This makes mediation successful/peaceful, peace is one of the goals in civil disputes.Â

Online Arbitration as a Form of Online Dispute Resolution on Foreign Investment Dispute in Indonesia

Online Arbitration is one the forms of Online Dispute Resolution (ODR), ODR itself is a form of Alternative Dispute Resolution (ADR) with the assistance of electronic media. This study provides a thorough analysis of the implementation of ODR in Foreign Investment Disputes in Indonesia. This research is also supported by a review of regulations and literature related to legal issues that the author studied. Related to the implementation and existence of Online Dispute Resolution, in Indonesia, there have been no specific regulations that regulate it. However, the existence of Law Number 30 of 1999 concerning Arbitration and alternative dispute resolution can be said to adequately support the validity of the online arbitration mechanism and verdict. Considering the digital advancement, the supply of ODR in an electronic or online-based transaction has become an urgent matter on this day. It is because of the potential dispute that may appear in the daily transactions.

Hazai választottbíróságok eljárási szabályai: A Sport Állandó Választottbíróság

Arbitration is the best form of alternative dispute resolution. The main goal is that the parties do not turn to state courts with the legal dispute that has arisen, but settle it through the institutions designated for this purpose. During the arbitration procedure, the dispute is settled with an external participant who is not involved in it. In our country, there is currently a Permanent Court of Arbitration for Sport operating under the Hungarian Chamber of Commerce and Industry as a general commercial arbitration court. There is a Permanent Agricultural Arbitral Tribunal operated by the Hungarian Chamber of Agriculture, Food Industry and Rural Development. According to the provisions of the law on sports, in the cases specified therein, we can speak of the Sports Permanent Arbitral Tribunal. In this study, I would like to explain the functioning of the Permanent Court of Arbitration for Sport. In addition to Act on Arbitration, Act I of 2004 on Sports and the rules of procedure of the Permanent Court of Arbitration for Sport operating within the framework of the Hungarian Olympic Committee must also be examined.

An evaluation of Montana's child welfare court pre‐hearing conference pilot project

AbstractPre‐hearing conferences are a form of alternative dispute resolution that have been implemented into the child welfare court process. Montana recently piloted a pre‐hearing conference model to occur before the first hearing on the case. The goal of the pilot was to increase discussion and resolution of contested visitation, placement, and service issues and to better engage parents in the process. Data were collected across multiple years to explore the effectiveness of the pilot in improving outcomes for children and families. Analysis of the data revealed a positive relationship between program implementation and timelier permanency. Parents who attend and have higher levels of participation in the pre‐hearing conference are also more likely to reunify.

금융소비자보호법상의 금융분쟁조정절차에 관한 절차법적 측면의 고찰

Whether to emphasize the principle of private autonomy in the procedural aspect in mediation or the number and outcomes of case resolution through mediation is a matter of individual values and philosophy of each country or individual. In the former case, emphasis is placed on the provision of a fundamental resolution to a dispute such as satisfaction of the parties with the procedure or a genuine agreement between the parties, and in the latter case, the focus is on the cost-effectiveness of the mediator’s work. The former represents mediation based on the Singapore Mediation Convention(United Nations Convention on International Settlement Agreements resulting from Mediation), the latter represents the UK's Ombudsmen service.
 In general, emphasizing party-leading civil procedure countries are place importance on the parties' right to form the procedure itself or take the party’s initiative in mediation proceedings. On the other hand, court-leading civil procedure countries which are strengthening the authority of the courts taking the position that mediator must be a lawyer, or at least a person with a lawyer's qualifications. They thought mediation is fundamentally the same system like civil litigation.
 Unfortunately, the latter point of view could only be used as specifying mediation system of the country, but it is contradictory to the origin of ADR(Alternativie Dispute Resolution) system or mediation system. It goes without saying that it also contradictory to the standards for mediation of the Singapore Mediation Convention.
 This my view does not mean that there is no need for a dispute resolution method which emphasizes the number and outcome of case resolution. I am fully understand the reason why the performance-oriented dispute resolution method was activated in Korea.
 Therefore, I propose to establish a separate performance-oriented dispute resolution system from the party-leading mediation process. In that case, the dispute resolution procedure can play its own independent role as another form of alternative dispute resolution.
 In the case of the financial sector, between the roles of the Financial Supervisory Service and the Financial Dispute Mediation Committee’s work must be distinguished, and the Financial Dispute Mediation Committee needs to be operated as an independent institution. The goals of the Financial Supervisory Service should be different from the goals of the Financial Dispute Mediation Committee. While the Financial Supervisory Service should play the role of a representative financial regulatory body, the Financial Dispute Mediation Committee is not a tool to increase the regulatory effect of the Financial Supervisory Service, but rather stands impartiality between financial consumers and financial institutions to resolve financial disputes fairly.
 Korea's financial dispute mediation, which gave the same effect as a final judgment effect to the decision of the Committee, without guaranteeing the independence of the Financial Dispute Mediation Committee, could be problomatic in Dispure Resolution System. This ends to blocking the path to judicial review of court.
 In case both parties do not object within two weeks of the financial mediation committee’s decision which regards as consent of both and only on party’s consent(usually finantial consumer’s consent) regards as bilateral consent (acceptance) is not fit for Korea civil procedure system. The Korea civil Procedure Act grants Res Judicata effect to settlement and the effect also recognized in mediation of the Financial Dispute Mediation Committee’s decision.
 It is also not appropriate to translate the UK Financial Ombudsmen Service as a mediation. There is also a big problem in combining the UK financial ombudsmen service that recognizes unilateral consent within a very limited scope. UK Ombudsmen service is a unique system which is different from the existing worldwide ADR or mediation.

Application of forms of alternative dispute resolution in Ukraine

Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts

Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law

The purpose of this study is to examine the settlement mechanism of Cyber Harassment experienced by public figures considering that in this disruptive era of technology, more and more cases like this have emerged. The research approach method used is the statute approach and the case approach. The results of the study are that the settlement of cyber harassment disputes against public figures can be resolved through litigation and non-litigation mechanisms. It is possible to settle through this litigation route, even though in substance the legal regulations regarding cyber harassment have not been described concretely in positive law in Indonesia, departing from the understanding that there is an IUS principle. novit curia. The legal consequence, of course, is that judges are prohibited from objecting, let alone refusing a case submitted by the community and having the obligation to examine and try and give legal decisions on these legal issues. The next option apart from litigation is the non-litigation route. The author concludes that in resolving Cyber Harassment disputes against public figures if you choose a non-litigation route to be resolved, an alternative form of dispute resolution that can be used and is considered more suitable as a media for dispute resolution is mediation. Suggestion, To the Indonesian people in general and public figures in particular, must be brave to fight for their rights and make complaints or reports to the authorities so that losses arising from violations of their constitutional rights can be recovered and the state through its power tools can guarantee legal protection to victims at the same time providing a deterrent effect to the perpetrators to realize order and security in the life of society, nation, and state.

Arbitration under the Arbitration Act, 2001, Bangladesh: Procedural drawbacks and some plausible solutions

In today’s world, parties in an agreement always want quick, costeffective and fair dispute resolutions mechanism. As an alternative form of dispute resolution, arbitration is considered one of the most common and binding methods of dispute resolution between parties. In the current age of global movement towards the promotion of foreign investment in Bangladesh and keeping pace with the international business and international commercial arbitration law, Bangladesh is not lagging behind any more. As a part of the Indian subcontinent, the practice of Arbitration in Bangladesh has been being observed in various forms since the time immemorial. Nonetheless, a new arbitration law named as ‘The Arbitration Act, 20011 was enacted consolidating both domestic and international commercial arbitration through repealing the British enacted ‘The Arbitration (Protocol and Convention) Act, 1937’, and ‘The Arbitration Act, 1940’.2 The new Act basically based on the Model Law on International Commercial Arbitration, 19853, which generates a single and unified legal system for arbitration in Bangladesh. However, the much wanted model arbitration law is not free from flaws and in some extent it fails to meeting up the expectations of the parties in agreement, who want the fast and easy access to justice. The main purpose of this paper is to examine the existing arbitration law and procedures in Bangladesh, what are the enabling and constraining factors for ensuring access to justice in the mentioned process, and how it can be used effectively to resolve the shortcomings in a rapidly evolving arbitration process where parties’ satisfaction is a key criterion. Dhaka University Law Journal, 2022, 33(1), 143-162

THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES

In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.