scholarly journals HISTORIOGRAPHY OF THE LAW INSTITUTE OF ALTERNATIVE DISPUTE RESOLUTION IN ADMINISTRATIVE JUDICIARY

2020 ◽  
pp. 265-273
Author(s):  
І. М. Проскурякова
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Positive Impact ◽  
Scientific Basis ◽  
Legal Institution ◽  
Leading Role ◽  
Stage Of Development ◽  
Legal Literature ◽  
Court Proceedings ◽  
Administrative Proceedings

The relevance of the article is that in administrative law the legal institution is usually referred to as a kind of alternative dispute resolution, which under certain conditions is able to overcome or reduce the negative and help restore their rights. By its nature, this institution is designed on the basis of law and consensus of the parties to promptly resolve the issue on the merits and save heterogeneous resources. The consequences of this are several positive aspects, including, for example, the unloading of the judiciary, as well as a positive impact on public opinion or positive ratings of Ukraine in the world. The leading role in increasing the effectiveness of the legal institution of dispute resolution with the participation of a judge is played by its scientific basis, part of which is historiography. After all, it is well known that the neglect of the study of the genesis of thoughts is a manifestation of errors and one-sidedness, which can lead to undesirable consequences of varying severity. The purpose of the article is to provide a description of the historiography of the legal institution of alternative dispute resolution in administrative proceedings on the basis of dissertation research on dispute resolution with the participation of a judge. The article describes the historiography of the Ukrainian administrative and legal institute of alternative dispute resolution in court proceedings. The author focuses on the issue of dispute resolution with the participation of a judge at the present stage of development of scientific and legal thought. It is concluded that the issue of alternative, mediation or pre-trial settlement / resolution of disputes in the domestic legal literature remains controversial. In the past five years, a new impetus for the development of the historiography of the legal institution of alternative dispute resolution in administrative proceedings has been the problems of Ukrainian society related to unresolved judges and reasonable deadlines initiated by democratic European institutions. In Ukraine, along with its own practice, an urgent and popular transition has begun from the search for an effective model of dispute resolution to the study of empirics of dispute resolution, which is characterized by pronounced legal nihilism in part of its territory.

Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

Alternative Dispute Resolution for ‘.eu’

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Allegra Waddell
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Positive Impact ◽  
The Eu

After the positive impact made by the UDRP in terms of providing an expedient remedy for cases of abusive domain registration, the EU legislature was moved to consider how an ADR mechanism might be adapted to meet the needs of the ‘.eu’ ccTLD space.

§ 278a ZPO als Schnittstelle zwischen Gerichtsverfahren und außergerichtlicher Mediation

2019 ◽  
Author(s):  
Clemens Bushart
Keyword(s):  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Civil Procedure ◽  
Court Proceedings

Choosing the appropriate conflict resolution procedure is paramount to proper and effective conflict management. An important impetus for the choice of the most suitable procedure is provided by § 278a of the ZPO (Germany’s Code of Civil Procedure), which enables judges to suggest a range of out-of-court alternative dispute resolution procedures, including mediation. In this study, the author analyses the regulatory content of § 278a of the ZPO as well as the function and potential of the provision to act as an interface between court proceedings and extrajudicial mediation. Using the finding that judges rarely propose that litigants switch to extrajudicial mediation, the author empirically examines the reasons for the cautious application of § 278a of the ZPO and develops a set of comprehensive recommendations to optimise the procedural interface.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Administrative legal proceedings in Russia and foreign countries: a comparative legal analysis

2021 ◽  
Vol 39 (3) ◽  
pp. 80-84
Author(s):  
S. N. Keramova ◽  
Keyword(s):  
Great Britain ◽  
Dispute Resolution ◽  
Legal Analysis ◽  
High Quality ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Specialized Courts ◽  
Court Proceedings ◽  
Administrative Proceedings

The article provides a comparative legal analysis of the administrative proceedings in Russia and foreign countries: France, Germany, Great Britain, USA, Italy, Spain, Switzerland. The relevance of the topic of the article is due to the need to identify the existing shortcomings of administrative court proceedings in Russia and possible ways to eliminate them, as well as the ongoing reforms of administrative court proceedings in the country. The advantages and disadvantages of the administrative proceedings of these countries and Russia are indicated, changes in the system of bodies carrying out administrative proceedings are proposed. The result of the study is the formulation of conclusions on improving administrative legislation using the experience of foreign countries, as well as on the need to create specialized courts in Russia, which will contribute to a narrower qualification of judges, high-quality dispute resolution, as reduce the burden on courts of general jurisdiction

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.

The alternative dispute resolution system in Italy: between harmonization with the requirements of European markets and de-juridicalization

2019 ◽  
Vol 1 (1) ◽  
pp. 77-100
Author(s):  
Giampiero D'Alessandro
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
National Level ◽  
Alternative Methods ◽  
Access To Justice ◽  
Research Committee ◽  
Resolution System ◽  
Implementation Period ◽  
Court Proceedings ◽  
Article 5

The topic of Alternative Dispute Resolution is comprehensively presented in Italy because of two different demands. The first is a demand presented at the European level to adopt measures that are meant to align the legal and regulatory provisions of different member States, even through the development of alternative methods for dispute resolution, in order to guarantee better access to justice at large, and this can be done through the use of supplemental and alternative dispute resolution methods which are of equal dignity to court proceedings. The second demand is presented at the national level and aims respond to the slowness of local court proceedings through so-called de-juridicalization, where legislations pertaining to A.D.R were supplemented with emergency measures that now include alternative tools among them. This complex tableau led to the creation of very detailed tools for dispute resolution on the civil front, tools that were often borrowed from foreign experiences. This paper wishes to offer a general framework of the principal players, without necessarily being exhaustive. In fact, in addition to Arbitration, which finds its origins in the Civil Code, Italian regulators have added over time procedures for civil and commercial mediation, assisted negotiation, settlement procedures for overindebtedness crisis and mediation on matters of energy and telecommunications and, more in general, on consumer matters. Some of these tools take on a principally deflationary function on matters of civil disputes where these same tools are considered necessary and constitute a condition of admissibility to be able to start legal proceedings. Faced with this complex tableau, in 2016 the Italian Ministry of Justice established a research committee, composed of professors, judges, lawyers and notaries who were entrusted with the task reassessing organically the matter with the aim of developing “de-juridicalization” tools using mediation, assisted negotiations and arbitration. In January 2017, this Commission, at the end of its tenure, presented a series of proposal to modify the legislation that was then in force. These proposals are to this day still under consideration by the Ministry of Justice. The establishment of the aforementioned Commission seemed justified because of the imminent termination of the implementation period for the compulsory mediation required by law for some disputes on civil and commercial matters, pursuant to Article 5, para. 1-bis, of Legal Decree 28/20106 that, instead, found a solution after changes made to convert Legislative Decree No. 50, April 24, 2017,7 through the so-called corrective action of 2017, into Law No. 96 of June 21, 2017.

Claims for Oil Pollution Damage—Arbitration and Alternative Dispute Resolution

1991 ◽  
Vol 1991 (1) ◽  
pp. 691-693
Author(s):  
Patrick O'Donovan
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Pollution Damage ◽  
Court Proceedings ◽  
International Conventions

ABSTRACT It is clear that there is a role for arbitration and alternative dispute resolution in the context of oil pollution, as recognized by the arbitration provisions in the TOVALOP and CRISTAL agreements (compare the International Conventions which provide for court proceedings). An example is given of an arbitration under TOVALOP. The suitability of arbitration in the context of marine pollution disputes is analyzed and the main centers of existing maritime arbitration and conciliation are identified. Various international conventions provide for resolution of disputes by arbitration or some other form of alternative dispute resolution; these are noted and discussed.

scholarly journals Mediacja jako sposób dochodzenia praw w postępowaniu administracyjnym i sądowoadministracyjnym

2019 ◽  
Vol 17 (1) ◽  
pp. 125-139
Author(s):  
Katarzyna Kułak-Krzysiak
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Basic Method ◽  
Legal Regulations ◽  
Similarities And Differences ◽  
Administrative Proceedings ◽  
Administrative Mediation

The article presents mediation as the basic method of alternative dispute resolution (the so-called ADR), used to resolve conflicts in administrative and judicial-administrative proceedings, and analyses legal regulations regarding mediation in administrative and court-administrative cases. The summary draws attention to the similarities and differences between administrative mediation and court-administrative mediation.

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