Alternative Dispute Resolution Methods Research Articles

Novi međunarodni privredni sudovi

In this paper, the author provides an overview of the main characteristics of international commercial courts, their composition and jurisdiction, as well as private international law instruments that ensure the recognition and enforcement of their decisions abroad. International commercial courts are national courts of international jurisdiction. They are established by individual states that aspire to be or become significant global centres for the resolution of commercial disputes. They are characterized by a certain degree of internationalization, reflected in their ability to conduct proceedings in the English language and in the origin of judges, who are, in some instances, foreign nationals. Some international commercial courts adjudicate cases according to common law rules, even though they are based in countries with legal systems based on continental law or Sharia law. The procedural rules before most of these courts incorporate elements of arbitral procedural rules and alternative dispute resolution methods. They generally have jurisdiction in commercial disputes with an international element, and they recognize a written choice-of-court agreement of the parties as the basis for international jurisdiction. In this regard, there is no requirement for any connection with the state where the court is based for valid submission to jurisdiction.

Контроль за решениями и действиями органов исполнительной власти в арбитражном судопроизводстве

Analyzes the role of arbitration courts in regulating relations between the executive branch and business entities. The review covers the current problems faced by entrepreneurs when defending their rights in arbitration proceedings, and suggests ways to improve the existing system. Attention is focused on the need to adapt legislation and judicial practice to new economic and technological conditions. The importance of alternative dispute resolution methods, such as mediation, to reduce the burden on the judicial system. The need to optimize the procedure of consideration of court cases is emphasized, including by improving the qualifications of judges and developing new methodological approaches to their resolution.

Critical Analysis of Liability of Internet Service Providers for Indirect Patent Infringement

With the rapid evolution of e-commerce, existing Chinese laws have struggled to keep pace with complex issues arising from digital transactions involving intellectual property, especially when addressing indirect patent infringement on e-commerce platforms. By conducting a comparative analysis with international laws from Germany, Japan, and the United States, the paper identifies robust legal frameworks that explicitly address indirect infringements in the digital marketplace. The paper proposes several legislative improvements for China, including the clarification of what constitutes indirect infringement, the outlining of explicit duties for e-commerce platforms, and the creation of specialized mechanisms for dispute resolution. On the judicial front, recommendations include enhancing the specialization of courts and judges in intellectual property, developing detailed procedural guidelines, and promoting alternative dispute resolution methods to mitigate the burdens of litigation. By adopting and adapting these recommandations, China can enhance its protection of intellectual property rights and support the dynamic environment of innovation that e-commerce fosters. Strengthening the legal framework in this way is crucial for ensuring fair competition and encouraging technological advancements within China's digital economy.

Cross-Border Trade Disputes: A Comparative Analysis of Indonesia and Australia

This comparative analysis delves into the intricate landscape of cross-border trade disputes, focusing on Indonesia and Australia. As two significant players in the global trade arena, understanding their dispute resolution mechanisms is crucial for fostering bilateral and multilateral trade relationships. The study examines the legal frameworks, institutional mechanisms, and cultural factors influencing trade dispute resolution in both countries. Indonesia's approach may reflect its unique socio-political context, while Australia's system could showcase its commitment to transparency and adherence to international trade norms. Key aspects explored include the role of governmental bodies, such as trade ministries and dispute settlement panels, as well as the utilization of alternative dispute resolution methods like arbitration and mediation. Moreover, the analysis delves into the effectiveness and efficiency of these mechanisms in resolving disputes promptly while maintaining fairness and equity for all parties involved. Comparisons are drawn between Indonesia and Australia in terms of legal precedents, enforcement mechanisms, and the level of stakeholder engagement in the dispute resolution process. Additionally, cultural nuances and historical contexts are considered to understand how these factors shape the negotiation and resolution of trade conflicts. By synthesizing these insights, the study aims to provide policymakers, trade practitioners, and academics with a comprehensive understanding of the strengths and weaknesses of each country's approach to cross-border trade dispute resolution. Ultimately, it seeks to contribute to the development of best practices and strategies for enhancing trade relations and promoting economic cooperation between Indonesia and Australia, as well as other nations globally.

Mediation as an Alternative Method of Dispute Resolution in the Civil Field in Kosovo

Mediation as an Alternative Method of Dispute Resolution in the Civil Field in Kosovo

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

Alternative ways of resolving disputes in the field of contract law

In today's world, the speed and efficiency of resolving disputes in the field of contract law are of great importance for businesses and individual participants. Traditional litigation is often notorious for its length and high costs. In this regard, alternative methods, such as mediation and arbitration, are gaining more and more popularity. Their advantages, such as speed, confidentiality, and greater party autonomy, make them attractive for the resolution of contractual disputes. The article explores alternative dispute resolution methods in the field of contract law, including mediation, arbitration, and confidential settlement. The purpose of the study is to analyze alternative ways of resolving disputes in the field of contract law. Research methodology includes such methods as empirical method, comparative analysis method, forecasting method, and logical methods. As a result of the study, alternative ways of resolving disputes in the field of contract law and the advantages of each method compared to traditional court proceedings are considered and also provide examples of successful application in practice. The results of the study show that alternative dispute resolution methods in the field of contract law, such as mediation, arbitration, and confidential settlement, have some significant advantages compared to traditional litigation. In addition, current trends in the use of these alternative methods in modern contract law are investigated. The study also indicates that the success of these alternative dispute resolution methods in the field of contract law depends on mutual trust between the parties, who are ready to work together to achieve a mutually beneficial resolution of the conflict.

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.

Features of the settlement of international cyber disputes through ADR in the context of the legislation of the BRICS countries

This paper examines the comparative effectiveness of various alternative dispute resolution (ADR) methods in resolving international cyber disputes. Drawing on a review of academic literature, analysis of practical case studies and statistical data, it identifies key procedural strengths and limitations of arbitration, mediation, ombudsmen, and online dispute resolution for common cyber conflict scenarios. It concludes on the optimal tailoring of different ADR techniques for cybercrime, hacking attacks, data breaches, and e-commerce disputes. The paper proposes multiple innovations to enhance cyber ADR efficacy, including hybrid models, specialized procedural standards, and enforcement mechanisms. It discusses integrating ADR into national cybersecurity strategies using the BRICS platform as an example. The research aims to inform optimization of flexible, confidential, and technically expert out-of-court approaches to manage the proliferation of cross-border cyber disputes. Key findings show mediation’s utility for cybercrime across jurisdictions but need for law enforcement coordination. International arbitration is appropriate for cyber B2B disputes while ombuds aid consumer recourse. Early neutral evaluation assists cybersecurity breach diagnosis but requires enforcement. Tailored arbitration rules, substantively flexible guidelines, and incentivizing voluntary ADR adoption are advised.

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.