Alternative ways of resolving legal disputes and their application in Ukraine

2021 ◽  
Vol 28 (4) ◽  
pp. 232-238
Author(s):  
Volodymyr O. Zarosylo ◽  
Oleksandr M. Kaplya ◽  
Kyrylo V. Muraviov ◽  
Dmytro I. Myniuk ◽  
Olena Yu. Myniuk
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
State Intervention ◽  
The State ◽  
Alternative Methods ◽  
Advantages And Disadvantages ◽  
Democratic State ◽  
Resolution System ◽  
The World ◽  
Dispute Resolution System

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

scholarly journals O modelo de tribunal multiportas americano e o sistema brasileiro de solução de conflitos

2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Marcos Claro Da Silva ◽  
Tânia Lobo Muniz
Keyword(s):  
United States ◽  
Conflict Resolution ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Settlement System ◽  
American States ◽  
Resolution System ◽  
The World

RESUMOO artigo faz uma análise do sistema de solução de conflitos brasileiro, a partir dos pressupostos de estabelecimento do sistema multiportas de solução de conflitos norte-americano, representado principalmente pelo conceito de Tribunal Multiportas, a partir da realidade mundial na difusão dos métodos alternativos. Parte do exame dos meios alternativos de solução de conflitos dentro dessa perspectiva de profusão em todo o mundo, para depois delimitar como são tratados no Brasil. Após, apresenta o conceito de Tribunal Multiportas concebido nos Estados Unidos e sua aplicação concreta em alguns estados americanos. Ao final, sob os premissas delineadas, estabelece o grau de implantação do conceito de Tribunal Multiportas no Brasil, da forma como estabelecido nos Estados Unidos, apontando o grau de estabelecimento de um sistema judiciário multiportas.PALAVRAS-CHAVEConflitos de Interesse. Tribunal Multiportas. Acesso à Justiça. Meios Alternativos.ABSTRACTThis paper analyzes the Brazilian conflict settlement system, based on the assumptions of the establishment of the American multi-door conflict resolution system, represented mainly by the concept of multi-door courthouse, based on the diffusion of alternative methods on the world. It begins with an examination of the alternative methods of conflict resolution in the perspective of its profusion around the world and then delineate how they are treated in Brazil. After, it presents the concept of multi-door courthouse designed in the United States and its daily use in some American states. In the end, in the light of the delimited premises, establishes the degree of implementation of the concept of multi-door courthouse in Brazil, as it's established in the United States, pointing the degree of establishment of a multi-door judicial system.KEYWORDSDisputes. Multi-door Courthouse. Justice Access. Alternative Dispute Resolution.

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.

From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China

2020 ◽  
Vol 16 (2) ◽  
pp. 165-180
Author(s):  
Zhiqiong June Wang ◽  
Jianfu Chen
Keyword(s):  
Social Control ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Careful Examination ◽  
National Strategy ◽  
Resolution System ◽  
Future Direction ◽  
Dispute Resolution Mechanism ◽  
Dispute Resolution System

AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.

scholarly journals PRINSIP KEMANFAATAN PENYELESAIAN SENGKETA ELEKTRONIK SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI PERDAGANGAN ELEKTRONIK

2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Low Cost ◽  
Legal Research ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.

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.

scholarly journals An Empirical Study on Dispute Resolution Methods (DRM) from the Perspective of Employee and Employer: Special Emphasis on Alternative Dispute Resolution (ADR)

2014 ◽  
Vol 8 (1-2) ◽  
pp. 1-16
Author(s):  
Syed Robayet Ferdous
Keyword(s):  
Empirical Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Resolution System ◽  
The Individual ◽  
A Company ◽  
Dispute Resolution System ◽  
Changing Society

In recent times, most of the parties involved in dispute resolution process are favoring Alternative Dispute Resolution or ADR over the formal adjudication process due to ADR’s distinguished benefits. In order to reduce the backlog and pressure of workload, courts randomly select alternative ways to settle dispute. Therefore, a question can be raised how well ADR is working in reality? If a dispute is in existence between a company and an individual, the individual might not get a proper redress against an esteemed company. Moreover, there is a possibility of bias in favor of those who is in the superior positions. Though it was a courageous effort from the legislature and the judiciary to make the dispute resolution system compatible with the changing society, a question remains: how much upshot is there in the legal field? To what extent does the ADR process elude or ensure justice? DOI: http://dx.doi.org/10.3329/jbt.v8i1-2.18283 Journal of Business and Technology (Dhaka) Vol.8(1-2) 2013; 1-16

scholarly journals FORMS AND MECHANISMS OF LAW DISPUTE RESOLUTION USING THE PRINCIPLE OF PANCASILA BASED ON LOCAL WISDOM

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Muhammad Taufiq ◽  
Sarsiti . ◽  
Rindha Widyaningsih
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Descriptive Study ◽  
Narrative Text ◽  
Test Method ◽  
Analysis Method ◽  
Resolution System ◽  
Content Analysis Method ◽  
Qualitative Descriptive ◽  
Dispute Resolution System

 Dispute resolution in the society should be solve by the value of local wisdom. Substantially, the value of local wisdom in Banyumas have synergy with the principle of Pancasila as the source of all law source. This study uses qualitative descriptive study specifications. The test method is done by triangulation of data sources and data were analyzed using content analysis method by way of presenting data in the form of narrative text. The result is there are four types of local wisdom Banyumas which is a resource for the settlement of legal disputes that occur in society that is the tradition cablaka/ blakasutha/ thokmelong, egalitarian, rembugan traditions, and Ponco Waliko principles. While the forms of alternative dispute resolution is to use models Judge Partikulir, mediation lines, and Settlement Conference. The mechanism is made through rembugan process, the use of a mediator, the institutionalization of dispute resolution, and the execution of the verdict.Keywords: Pancasila, Local Wisdom, Dispute Resolution System

O Regulamento de Arbitragem Esportiva do CBMA

2019 ◽  
Vol 1 (1) ◽  
pp. 155-171
Keyword(s):  
Dispute Resolution ◽  
Sports Law ◽  
Commercial Arbitration ◽  
Resolution System ◽  
The World ◽  
Dispute Resolution System

In 2016, the Brazilian Football Confederation (CBF) instituted a new dispute resolution system for the Brazilian football market, upon the reform of its National Dispute Resolution Chamber (the so-called CNRD), with jurisdiction to settle disputes regarding a wide variety issues, from labor and commercial matters to disciplinary ones. Chosen to review the decisions of CNRD in appeal, the Centro Brasileiro de Mediação e Arbitragem (CBMA) – one of the most well-known and vanguardist arbitral institutions in Brazil, funcioning in commercial arbitration since 2002 – sought inspiration from the Swiss-based Court of Arbitration for Sport (CAS), which for more than three decades has been serving as the supreme body of the international “sports justice”, in order to draft its own Regulations on Sports-related Arbitration, the first of its kind in Brazil and one of the few in the world to deal exclusively with arbitration in matters related to sports law. In this context, this article will examine the origins of CAS and the main peculiarities of its code, explaining how its model was adapted to the reality and needs of the Brazilian market.

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