Dispute Resolution Methods Research Articles

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.

Online Mediation in the Field of Trade: Qualitative Analysis from the Experience of Some Countries Around the World and Lessons Learned in Vietnam

Background: The Industrial Revolution has promoted the development of the digital economy and e-commerce. This also leads to an increase in disputes related to online transactions. From the above issue, the legal corridor regulating issues related to online mediation activities has initially formed and developed strongly in a number of countries such as India, Japan, and European Union countries. However, from the perspective of Vietnamese law, this form of mediation is still quite new, and it will take time to develop regulatory policies related to this issue. Research Methods: Within this article, to clarify the research issues, the authors used the following specific research methods: (i) Qualitative Research methods, (ii) Exploratory research method; (ii) Inductive and deductive methods; Statistical and synthetic methods; (iii) Comparative method. Results: Through reasearch, the authors show some results achieved when applying online dispute resolution methods in the European Union, India and Japan. From there, we summarise some experiences when applying online mediation in Vietnam in the current context of digital transformation. Conclusion: In the context that Vietnam is implementing judicial reform, the use of technology to serve in trial work is necessary. However, current legal regulations related to online trial and mediation in Vietnam have not been specified and guaranteed legality yet. From those, with the implementation of technology applied in trials, conducting online mediation in some countries will be one of the useful experiences, helping Vietnam perfect its legais mechanism in the future.

Prosedur Penyelesaian Sengketa dalam Perbankan Syariah: Tinjauan Terhadap Kasus di Pengadilan Agama Tasikmalaya

Dispute resolution in sharia banking involves various methods, such as mediation, arbitration and court. Mediation is a voluntary process that allows the parties involved to reach an agreement with the help of a mediator. Arbitration is a method that results in a binding decision by a neutral arbitrator. Trial is a formal method that requires a longer process and higher costs, but produces binding decisions. Each method has advantages and disadvantages, and the choice of method must consider the characteristics of the dispute, the preferences of the parties involved, and compliance with sharia principles in Islamic banking. In conclusion, it is important to choose the dispute resolution method that best suits the Islamic banking context and the desired resolution objectives.

The Concept of Restorative Justice in Islamic Criminal Law: Alternative Dispute Settlement Based on Justice

This study discusses the concept of restorative justice in Islamic criminal law as an alternative to restorative justice-based dispute resolution. This study is to analyze the concept of restorative justice in the context of Islamic criminal law and identify its potential use as a more just and recovery-oriented dispute resolution method. This research method is a literature study by collecting and analyzing primary and secondary sources related to the concept of restorative justice in Islamic criminal law. This study used a descriptive-analytical approach to understand the essence and principles of restorative justice and how it can be applied in the context of Islamic criminal law. The results of the study show that the concept of restorative justice in Islamic criminal law emphasizes recovery, reconciliation, and reintegration of offenders into society. This approach pays special attention to the needs of victims, encourages their active participation in the dispute resolution process, and involves the community as a key stakeholder. This study also identifies the potential for using the concept of restorative justice in Islamic criminal law as an alternative to resolving disputes. A restorative approach allows the parties involved to reach mutually satisfactory agreements, restore damaged relationships, and reduce the risk of repeat offenses. In conclusion, the concept of restorative justice in Islamic criminal law can be an alternative that has the potential to improve justice in dispute resolution.
 Keywords: restorative justice, Islamic criminal law, justice, disputes

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.

ИССЛЕДОВАНИЕ МЕХАНИЗМА АРБИТРАЖНЫХ РАЗРЕШЕНИЙ ИНВЕСТИЦИОННЫХ СПОРОВ ГОСУДАРСТВ – ЧЛЕНОВ ШОС И ПУТЕЙ ИХ СОВЕРШЕНСТВОВАНИЯ

As investment interaction deepens and expands within the framework of the Shanghai Cooperation Organization (hereinafter referred to as the SCO), the number of investment disputes between states is growing, the significance of which has especially increased in recent years. In this article, the authors raise the question of which dispute resolution method should be used between SCO member states with a view to better ensure the interests of all parties and to further strengthen protections of investments. The authors mainly use methods of analysis of scientific literature and judicial practice to study the current problems faced by the SCO member states in the field of investment arbitration. In addition, the authors propose for the future various options for resolving investment disputes within the SCO with the aim of constantly improving the mechanism for resolving disputes and disagreements.

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.

Enhancing Construction Claims and Dispute Resolution in the Nigerian Building Sector: Insights from Thematic Analysis.

The study investigates the mechanisms of construction claims and dispute resolution within the Nigerian building sector, employing a thematic analysis to uncover insights that could enhance these processes. The research methodology involved semi-structured interviews with professionals from leading construction companies in Abuja, Nigeria. Participants were selected through purposive sampling, ensuring they possessed relevant experience in managing construction claims and disputes. The data collected was rigorously analyzed using thematic analysis, which facilitated the identification of prevalent challenges and the evaluation of current dispute resolution methods. The findings reveal that contractual ambiguities, communication failures, and cultural differences are the primary sources of disputes, leading to significant project delivery issues such as cost overruns, schedule delays, and quality defects. Traditional dispute resolution methods, including negotiation, arbitration, and litigation, are commonly utilized, yet the study identifies a notable gap in the adoption of Alternative Dispute Resolution (ADR) techniques. Barriers to ADR implementation, such as lack of awareness and trust among professionals, were highlighted. The study contributes to knowledge by providing a comprehensive understanding of the dispute sources and by evaluating the effectiveness of existing resolution methods. It also offers strategic recommendations for the development of a structured framework for claims management, tailored to the Nigerian context. The implications of this research are far-reaching, suggesting improvements in contractual clarity, communication training, and policy reforms that could significantly benefit the construction industry.

Construction Disputes Causes and Resolution Methods: A Case Study from a Developing Country

The increasing complexity of the construction industry, characterised by diverse multidisciplinary project teams, various stakeholders, distinctive site conditions and uncertainties, can contribute to an antagonistic environment, which may result in disputes arising between the contractual parties. Identifying the most common causes of disputes is important for an efficient contract management process. This study aims to help project stakeholders incorporate consolidative contract management strategies before commencing a new project by identifying the most common causes of construction disputes in Jordanian construction projects. Key causative factors of disputes were analysed through a literature review, a questionnaire survey and a case study analysis of construction projects in Jordan. The results revealed that the main factors leading to disputes in Jordan are incomplete technical drawings/specifications, variations initiated by the owner/consultant (additive/ deductive) and errors and omissions in the contract documents. Moreover, the results show that the most popular methods of dispute resolution in the Jordanian construction industry are negotiation and arbitration. The findings can enable local and international construction stakeholders to initiate contract management strategies before commencing projects. More effective planning can help to reduce the negative impacts of known causes of disputes.

Внедрение публично-правовых механизмов альтернативного разрешения споров в контексте обеспечения доступности правосудия

A study of individual public legal mechanisms for alternative dispute resolution was carried out. The content of the concept of alternative dispute resolution is revealed, a conclusion is formulated about the need to develop public legal mechanisms for al-ternative dispute resolution as the obligation of the state to ensure adequate protection of rights and legitimate interests in the context of these mechanisms. The content and features of individual public mechanisms for resolving disputes are revealed using the example of adjudication, dispute resolution by the state ombudsman, as well as courts of aksakals and councils of biys. The conclusion is made about the admissibility of the reception of foreign models of public legal mechanisms for alternative dispute resolution through the prism of the established practice of dispute resolution and the use of alternative methods of dispute res-olution, as well as, taking into account ethnic and cultural aspects, the compliance of public legal mechanisms for alternative dis-pute resolution with the values of society and the presence of potential the demand for such procedures among citizens.

ОНЛАЙН–МЕДІАЦІЯ: ПРОБЛЕМИ РЕАЛІЗАЦІЇ ТА ПИТАННЯ ДОЦІЛЬНОСТІ

This article focuses on the issue of the relevance of online mediation and identifies the problematic issues of its implementation in modern conditions. In particular, the author points out that mediation is considered to be a fairly common method of conflict resolution abroad, which is fixed at the legislative level in many countries around the world. This is because mediation has many advantages, it is a direct way to prevent legal intervention and preserve the relationship between the parties to the dispute. In Ukraine, mediation is also becoming more and more popular and the areas of its application are increasing. In addition, the experience of recent years, which have been rather difficult for Ukraine (Ukraine's military aggression by the Russian Federation, and the introduction of quarantine in Ukraine to prevent the spread of coronavirus disease (COVID-19)), makes it necessary to developremote forms of work, negotiations, cooperation of production processes, solving organizational issues, training and providing all services in an online format ("at a distance" or "remotely"). Mediation is no exception. The author's article analyzes the advantages and disadvantages of conducting mediation distantly and indicates the ways to increase the popularity of this method of dispute resolution. It is established that for science, mediation is a separate process which is an alternative to a judicial process, and the application of the mediation method is extremely relevant and requires further scientific research, in particular, regarding the application and implementation of this process in various modern areas of regulation (banking, tax, civil, housing, family, inheritance law, etc.), and the application of this method at a distance -online. It is concluded that online mediation should take place in the modern life of Ukrainian society, in which the level of public education is significantly increasing in the context of military aggression by the Russian Federation. In turn, to maximize the efficiency and effectiveness of "mediation at a distance", it is necessary to legislate the features of online mediation. The methodological basis of the research is the philosophical and legal principles of social phenomena cognition, in particular, those related to raising the level of education and public knowledge about the method of meditation, which is an effective way to protect the rights of individuals (individuals and legal entities) in various areas of legal regulation. The author uses dialectical, systemic, structural, normative logical, sociological, comparative, and legal methods of cognition. Based on the study, the author proposes to improve the provisions of the current legislation on the use of online mediation.

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.

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.

Assessment of Dispute Resolution Methods in Building Construction Industry in Ogun State.

Construction is a vital sector fostering economic expansion and development in Ogun State, Nigeria. However, conflicts and disagreements are a natural part of the intricate dynamics of construction projects, and the success of dispute resolution techniques has a big impact on project outcomes. This study investigates the frequency and characteristics of construction conflicts in Ogun State through a combination of literature review and stakeholder focus group discussions. The underlying causes of disagreements, covering problems with contracts, designs, delays, disagreements over payments, and issues with quality was dealt with. The study also looks at how accessible, understandable, and well-known various dispute resolution techniques are among those involved in the construction business, such as owners, consultants, and contractors. The study’s findings provide important new information about the dispute-resolution practices in Ogun State’s building construction sector. This research helps to establish methods for enhancing conflict resolution procedures by identifying obstacles and best practices, creating a more favourable climate for successful and long-lasting construction projects. This information is crucial for stakeholders, decision-makers, and practitioners because it can improve project delivery, lower project risks, and foster peaceful relationships within the construction industry.

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.

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.

Methodological approaches to the study of the legislative foundations of the organization and functioning of the system of alternative ways of resolving public legal disputes and conflicts

The article states that the sphere of resolving public-law disputes and conflicts is insufficiently regulated and indicates that it requires further adoption of relevant legislative acts or amendments to current acts in this area. At the same time, it is noted that within the limits of improving the legislative regulation of the organization and functioning of the integrated system, the use of alternative methods of solving public-law disputes and conflicts should be based on a number of methodological dominants. Among them, it should be highlighted that there is an objective lag of the legislator from the needs of the dynamic development of social relations. In the sphere of formation of a complete system of alternative ways of solving public-law disputes and conflicts, this state of affairs is especially inherent, since there is a significant dynamic formation of new ways, rules, techniques, forms and methods of dispute resolution. In addition, a complex system formation that includes a set of various alternative ways of resolving public-law disputes and conflicts is currently not fully developed from the point of view of scientific research, each of the ways (forms, methods) of which has its own specificity, which needs its own a special approach to legislative regulation. At the same time, the application of innovative approaches, which are essentially those implemented within the framework of the system of alternative ways of resolving public-law disputes and conflicts, also require a corresponding approach to the application of the latest rules and techniques of legal (legislative) technology. Within the limits of legislative regulation, it should be taken into account that the institution of alternative methods of solving public-law disputes and conflicts is not an invention of the domestic legal system, but instead arose and found its active development in foreign countries.
 It has been established that today there is insufficient regulation of the sphere of solving public­law disputes and conflicts. In this regard, it requires the further adoption of relevant legislative acts, or the introduction of changes to the current acts in this area. But at the same time, it is necessary to proceed from the need to observe a number of methodological approaches and key dominants regarding the improvement of the legislative regulation of the organization and the functioning of a holistic system of applying alternative methods of solving public-law disputes and conflicts.

Mediation for the resolution of international economic conflicts. Effective approaches and perspectives

The purpose of this study was to examine mediation as a mechanism for resolving international economic conflicts and to identify effective approaches for their resolution. International economic conflicts are an integral part of today's globalized economy, contributing significantly to the complication of international relations and threatening sustainable development. This article examines the effectiveness and potential of mediation as a tool for resolving international economic conflicts. In particular, the article analyzes the advantages of using mediation, stages of its application, successful practices, as well as challenges and prospects for the development of this method of dispute resolution.
 In the modern world, international economic conflicts are becoming more and more relevant and complex. These conflicts can have serious consequences for states, corporations and international relations in general. This article explores the role and importance of mediation as an effective tool for resolving international economic disputes.
 The purpose of this article is to analyze the use of mediation in resolving international economic conflicts, to identify the advantages of this method, to review its stages and challenges, and to present the prospects for the development of this approach, to understand the essence of mediation and its basic principles. An overview of the advantages of this method, such as preserving business relationships and taking into account the interests of the parties is presented, analyzing the sequence of stages of the mediation process and their role in achieving a settlement. Successful mediation cases are examined in detail, emphasizing the importance of the mediator's role and the advantages of mediation over other dispute resolution methods.
 The limitations of mediation are also discussed and ways to overcome them are suggested. The article concludes by presenting possible directions for the development of mediation, such as integration into international law and the use of modern technologies.
 As a result of the study, it can be concluded about the importance of mediation in resolving international economic conflicts. Its flexibility, focus on the interests of the parties and ability to preserve long-term relationships make mediation an indispensable tool in modern international practice.

Dispute Resolution Methods, Fundamental or Human Rights and Legal Pluralism

The analysis of modern political-institutional systems, democratic-constitutional of a liberal mold, if it clarifies the reasons for the presence and diffusion of dispute resolution methods (state awards), of fundamental and human rights (general) attributable to the new elites of power and government, therefore to the bourgeois class, in the context of a monistic and statistic conception of legal systems, then does not explain the reasons for the diffusion and progressive multiplication of alternative methods of resolving disputes, such as fundamental or human rights in more recent eras. It is therefore necessary to analyze the processes of change that have affected the State, the law, the judicial systems, therefore the fundamental and human rights and the methods of resolving disputes in the light of the phenomenon of legal pluralism.