scholarly journals Procedure for Out of Court Settlement of Consumer Disputes before the Passenger Ombudsman

2020 ◽  
Vol 43 (4) ◽  
pp. 65-82
Author(s):  
Dominika Zawacka-Klonowska
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Comparative Research ◽  
European Parliament ◽  
Legal Regulation ◽  
Civil Aviation ◽  
The Political ◽  
Eu Law ◽  
Online System ◽  
Political Position

The adoption of Directive 2013/11/EU of the European Parliament and of the Council of 21.05.2013 on alternative dispute resolution methods for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.05.2013 on the online system of consumer disputes resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, was intended to enable consumers to resolve disputes with entrepreneurs using alternative dispute resolution methods. In order to ensure that consumers can exercise the rights granted to them by EU law, by way of implementation of the Regulations there has been an amendment of the Act of 3 July 2003 - Aviation law (i.e. Journal of Laws of 2019, item 1580), on the basis of which the institution of the Passenger Ombudsman at the Civil Aviation Office was established, which is an entity entitled to conduct proceedings for the out-of-court settlement of consumer disputes between a passenger and an air carrier, tour operator, or seller of air tickets, entered into the register of entitled entities. The purpose of this study is to present the legal regulation concerning proceedings before the Ombudsman, indicating the political position of the Passenger Ombudsman and his team using analytical and comparative research methods.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

scholarly journals Alternative dispute resolution (ADR) for consumer disputes in the Slovak republic

2020 ◽  
Vol 13 (45) ◽  
pp. 264-275
Author(s):  
Lenka Vačoková
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Slovak Republic ◽  
European Parliament ◽  
Current Situation ◽  
Scientific Methods ◽  
Methods Of Analysis

Abstract This paper aims to analyse alternative dispute resolution (ADR) for consumer disputes in the Slovak Republic according to Act No. 391/2015 Coll. on consumer alternative dispute resolution as amended. Through this act Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) has been transposed into Slovak law. Author of the paper used scientific methods of analysis, comparison, deduction, induction and synthesis. She tried to evaluate the application of consumer ADR by Slovak ADR entities, development of ADR between 2016 and 2019, current situation, and to provide conclusions and suggest changes for future.

scholarly journals Mediasi Sebagai Alternatif Penyelesaian Tindak Pidana Penganiayaan Ringan yang Dilakukan oleh Anak di Kabupaten Gianyar

2021 ◽  
Vol 2 (2) ◽  
pp. 339-345
Author(s):  
Dewa Gede Agung Getsumeda ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Secondary Data ◽  
Legal Regulation ◽  
Primary Data ◽  
Legal Research ◽  
Criminal Offenses ◽  
Peaceful Settlement ◽  
Legal Consequences ◽  
Laws And Regulations

For parties who wish to resolve disputes without trial or arbitration, alternative dispute resolution is an option. This choice is entirely dependent on the wishes of the disputing parties. There is a dispute between the two parties so that each party can choose the method used. This study aims to determine the legal regulation of minor maltreatment committed by children through mediation and to find out the legal consequences if minor maltreatment crimes committed by children are resolved through mediation. The type of research used is normative legal research. Primary data is obtained from field reviews while secondary data is obtained from articles, laws and regulations, from books. In addition to these provisions, minor violations that can be resolved through mediation are criminal acts which can be in the form of confinement or imprisonment for a maximum of 3 (three) months or a maximum of Rp. 7,500.00 (Seven thousand five hundred). Criminal offenses committed by children under 8 years. The conclusion of this study is that the legal consequences if the crime of minor maltreatment committed by children is resolved through mediation, including settlement through deliberation, peace and agreement of the perpetrator, victim and family so as to produce a win-win solution. A peaceful settlement is basically an agreement that the parties consider good from all other ways.

scholarly journals MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION: LEGAL ANALYSIS, FOREIGN PRACTICE, AND PERSPECTIVES IN RUSSIA

2019 ◽  
Vol 7 (6) ◽  
pp. 826-829
Author(s):  
Lilia A. Sungatullina ◽  
Robert R. Izmailov ◽  
Andrey V. Mikhaylov
Keyword(s):  
Public Relations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Mediation Process ◽  
Legal Analysis ◽  
Basic Principles ◽  
Foreign Experience ◽  
Corporate Business

Purposes: The article is devoted to the analysis of legal problems of mediation as an alternative way to resolve disputes. The article examines the Russian and foreign experience in the legal regulation of mediation. Methodology: The use and adaptation of foreign experience in applying the mediation procedure are aimed at increasing the speed of dispute resolution, the level of confidentiality and the ability to maintain partnerships. The authors suggest ways to improve the effectiveness and applicability of this procedure in practice. According to Sungatullina L.A., it seems efficient and promising to use alternative methods for resolving disputes in general and to apply the mediation procedure in particular. Izmailov R.R. He believes that the experience of using mediation techniques has shown its effectiveness in resolving various categories of disputes: labor, family, corporate, business conflicts, as well as in the field of housing relations. Mikhailov A.V. notes that the effectiveness of the mediation process largely depends on the implementation at all stages of the basic principles. Results: The authors conclude that it is advisable to apply mediation to disputes arising from administrative and other public relations. As one of the ways to improve the legislative regulation of mediation, it is proposed to consider the possibility of introducing a notarial certification of mediation agreements. Implications/Applications: Alternative dispute resolution is a set of procedures that facilitate non-judicial dispute resolution. In English practice, it is indicated by the steady turnover of Alternative dispute resolution (hereinafter - ADR). Different non-judicial forms of resolution of a case are referred to ADR in different countries. As a rule, three well-known forms are called: arbitration, mediation, and negotiations. Novelty/Originality: The novelty of this study in classifying the mediation techniques.

scholarly journals Financial Ombudsman: Towards an Effective Customers Rights` Protection in Ukraine

2019 ◽  
Vol 2 (4) ◽  
pp. 51-63
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Service Providers ◽  
Legal Regulation ◽  
Financial Service ◽  
Legal Basis ◽  
Rights Protection ◽  
The Law ◽  
The Moment

This article explores the prerequisites and prospects for introducing the Financial Ombudsman Office in Ukraine as an institute for alternative (extrajudicial) resolution of disputes between consumers and financial service providers. Particular attention is paid to the analysis of the draft law on the establishment of the Financial Ombudsman in Ukraine. Considering the existing mechanisms of alternative dispute resolution in Ukraine and the possibility of their application to the issues of financial services consumers’ rights protection, the historical retrospective of the establishment of the Financial Ombudsman institute in Ukraine is considered. The author analyses the legal, institutional and theoretical prerequisites for the implementation of one of the Financial Ombudsman models operating in other countries. The focus is on the analysis of the compliance of the draft law on the establishment and operation of the institute with the principles set out in Directive 2013/11 on consumer ADR. At the same time, it is stated why one or another structure of the legal regulation of the establishment and activity of the Financial Ombudsman Office in Ukraine was chosen. The author, as one of the experts involved in the drafting of the law, concludes that, despite the compliance of the draft law with the European principles of the ABC, there is, unfortunately, no prospect of its adoption as a legal basis for setting up a Financial Ombudsman Office in Ukraine at the moment and in the coming year, and analyses the causes.

scholarly journals ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU

2020 ◽  
pp. 61-66
Author(s):  
O. Terekh
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Labour Relations ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Comprehensive Information ◽  
Labour Disputes

This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.

scholarly journals Application of digital technologies in litigation and dispute resolution

2021 ◽  
Vol 25 (2) ◽  
pp. 461-481
Author(s):  
Denis A. Dobryakov ◽  
Ilda Kasa ◽  
Yuliia V. Sukhostavskaya
Keyword(s):  
Dispute Resolution ◽  
Digital Technology ◽  
Alternative Dispute Resolution ◽  
Digital Technologies ◽  
The Political ◽  
Legal Proceedings ◽  
Permissible Limits ◽  
Legal Method ◽  
Settlement Of Disputes ◽  
Political Vocabulary

By now (we mean 2020) digitalization has completely replaced the more general modernization and innovation from both the political vocabulary and the sci-entific agenda. It is difficult to say how long this trend will continue and what kind of socio-technological phenomenon will replace it. It can be cyberization, within which a person will begin to bring himself into line with the canons of the sci-fi cyberpunks and combine biological with technological (and digital at the same time) in his body, or vice versa, some kind of reactionary naturalization. Anyway, now the widespread adoption of digital technology is an indisputable and obvious fact. And this process applies to all spheres of societys life, without bypassing legal proceedings and out-of-court settlement of disputes (or in other words - alternative dispute resolution), which can be significantly improved using digital technologies. This article analyses the practice and legislative regulation of the use of digital technologies in various forms of legal proceedings and such types of out-of-court dispute resolution as arbitration and mediation. Comparative legal method allowed to compare Russian and foreign legislations as well as approaches to determining the permissible limits of the use of digital technologies, including their intellectual variety. Individual proposals have been formulated to improve Russian legislation.

scholarly journals Intermediary in a Collective Labor Dispute Resolution

2019 ◽  
Vol 6 (2) ◽  
pp. 33-59 ◽  
Author(s):  
L. Zaitseva ◽  
E. Gomes ◽  
S. Racheva ◽  
V. Cruz
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Social Progress ◽  
Alternative Methods ◽  
Labor Dispute ◽  
General Development ◽  
Labor Disputes ◽  
Economic Interests ◽  
Common Features

Collective labor disputes based on the differences in economic interests between workers and employers can be effectively resolved exclusively through conciliation procedures. Contemporary alternative methods arose mostly due to the necessity to resolve collective labor disputes; mediation for this purpose is applied differently in various countries. National legislation equally provides various means for collective labor dispute resolutions and determines relevant intermediary procedures. An intermediation in a collective labor dispute resolution can be private and/or state-appointed and mandatory or alternative and remains a very perspective means of alternative dispute resolution. An analysis of different countries’ legislation distinguishes several common features of intermediation in collective labor disputes, concerning mainly the goals, objectives and principles. For bodies and persons conducting intermediation, the degree of compulsion in their decisions varies greatly from country to country. However, the obtained experience reveals common and distinctive procedural features and provides the possibility to classify existing approaches, having combined them into groups. The analysis also follows general development trends of collective labor dispute intermediation in different countries and identifies several shortcomings that are characteristic to different systems of intermediation legal regulation. Further research on the most effective ways of collective labor dispute conciliation is necessary for establishing new harmonious labor relations as the grounds for social progress.

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