scholarly journals MEDIATION – CURRENT STATE OF USE IN THE REPUBLIC OF NORTH MACEDONIA

2021 ◽  
Vol 37 (1) ◽  
pp. 43-52
Author(s):  
Faton Shabani
Keyword(s):  
Dispute Resolution ◽  
Legal Framework ◽  
Third Party ◽  
Key Factors ◽  
Negotiated Settlement ◽  
Construction Disputes ◽  
Current State ◽  
The Republic ◽  
The Cost ◽  
Privacy And Confidentiality

Mediation is a flexible, non-binding dispute resolution method in which a neutral (impartial) third party (mediator) helps two or more disputes to reach a voluntary, negotiated settlement of their disputes. Mediation, emerging strongly as an alternative method of dispute resolution (with the help of neutral third party), has made litigation today not to be treated as the only option for dispute resolution between individuals and businesses. As a means for resolving disputes it has found application especially in business, labor, family, insurance, consumer and construction disputes. The cost, speed and expertise of resolving disputes are some of the key factors that attract individuals, businesses, organizations but also state bodies and institutions to support and promote mediation in this era of globalization and life and activity exposed to the dynamics of contemporary developments. Added to this, however, is the acceptance in the vast majority of cases of dispute resolution reached by both parties to the dispute, but also the privacy and confidentiality of the resolution of their case. Despite the fact that mediation internationally has already been seriously established in the area of dispute resolution, in the Republic of North Macedonia, the legal framework and implementation in practice is at the forefront. For this reason, in addition to the empirical, descriptive and normative treatment, the author through the methods of analysis, synthesis and statistical method processes the official results of the Ministry of Justice to give a clear picture of the trends of the use of mediation in dispute resolution over a period of 5 years (2016-2020) in the Republic of North Macedonia.

INTERNATIONAL LEGAL FRAMEWORK FOR THE FUNCTIONING OF MECHANISMS FOR RESOLVING TRADE DISPUTES IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Trade Disputes ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

10. Alternative Dispute Resolution

2020 ◽  
pp. 111-117
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

10. Alternative Dispute Resolution

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

Criminalistic Registration: Features and Prospects for Developing Kazakh and Foreign Practices

2019 ◽  
Vol 9 (5) ◽  
pp. 1759
Author(s):  
Gulnur Khasenovna SADYRBEKOVA
Keyword(s):  
Information Technologies ◽  
Evidence Base ◽  
Legal Framework ◽  
Historical Background ◽  
Registration System ◽  
Registration Data ◽  
Current State ◽  
Information Interaction ◽  
Legal Foundations ◽  
The Republic

This article examines the features of criminalistic registration in the Republic of Kazakhstan. Criminalistic activities play a significant role in fighting against crime and aim to uncover and investigate offences, to create the evidence base which is necessary for exposing and convicting criminals. Criminalistic registration is an integral part of these activities and their informational component, the use of which is fundamental for successful crime investigation in modern conditions. The article aims to analyze the current state of criminalistic registration in the Republic of Kazakhstan, to study foreign experience and present prospects for the formation and use of criminalistic registration data. The author of the article searches historical background of the modern criminalistic registration system, its organization and legal framework in the Republic of Kazakhstan, the global experience of combining and using different information databases to investigate crimes, assess the possibilities of advanced information technologies and international information bases to fight against crimes. As a result, the author has evaluated the criminalistic registration in Kazakhstan, its organizational and legal foundations, and prospects for its further development. The article suggests creating unified information system at the global level which will provide more opportunities for the use of forensic information. The novelty of the article lies in the fact that it proposes ways of international information interaction in order to fight against crime based on a deep analysis of the global use of forensic information bases.

scholarly journals Scraps of Paper? Agreements and the Durability of Peace

2003 ◽  
Vol 57 (2) ◽  
pp. 337-372 ◽  
Author(s):  
Virginia Page Fortna
Keyword(s):  
Dispute Resolution ◽  
Hazard Analysis ◽  
Third Party ◽  
Peace Agreements ◽  
Cost Of War ◽  
The Creation ◽  
The Cost ◽  
Durable Peace

In the aftermath of war, what determines whether peace lasts or fighting resumes, and what can be done to foster durable peace? Drawing on theories of cooperation, I argue that belligerents can overcome the obstacles to peace by implementing measures that alter incentives, reduce uncertainty about intentions, and manage accidents. A counterargument suggests that agreements are epiphenomenal, merely reflecting the underlying probability of war resumption. I test hypotheses about the durability of peace using hazard analysis. Controlling for factors (including the decisiveness of victory, the cost of war, relative capabilities, and others) that affect the baseline prospects for peace, I find that stronger agreements enhance the durability of peace. In particular, measures such as the creation of demilitarized zones, explicit third-party guarantees, peacekeeping, and joint commissions for dispute resolution affect the duration of peace. Agreements are not merely scraps of paper; rather, their content matters in the construction of peace that lasts.

A model for proactive mediation of construction disputes

1995 ◽  
Vol 22 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Francis T. Hartman ◽  
George F. Jergeas
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Construction Disputes ◽  
Area Of Interest ◽  
New Process ◽  
The Cost ◽  
Alternate Dispute Resolution ◽  
Management Contracts

Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

scholarly journals CHALLENGES FACING THE CURRENT STATE OF EXPORT POTENTIAL (IN THE CASE FOR AZERBAIJAN)

2021 ◽  
Vol 43 (04) ◽  
pp. 04-09
Author(s):  
Ayten Mekhraliyeva Ayten Mekhraliyeva
Keyword(s):  
Economic Development ◽  
Foreign Relations ◽  
State Intervention ◽  
Legal Framework ◽  
Legal Regulation ◽  
Economic Relations ◽  
Export Activity ◽  
Current State ◽  
Modern System ◽  
The Republic

The purpose of the study is to identify the importance of increasing export activity in ensuring economic development and the main conditions for increasing the country's export potential, to stimulate exports based on an assessment of the current state of export operations. Moreover, the study determines the directions for increasing the country's export potential and improving the legal framework for its use, furthermore, compile the adequate suggestions and recommendations. The report identifies the importance of export activities in the modern system of economic relations; The main conditions for increasing the export potential in the Republic of Azerbaijan and the stimulated means of using the export potential have been studied; the need for legal regulation of state intervention to increase the export potential of Azerbaijan and promote its implementation was substantiated; the system of legislative acts regulating the implementation of export operations was analyzed; the mechanisms of realization of the existing state support in the field of export stimulation in our country have been studied; The directions of improving the legal framework to increase the export potential and stimulate exports have been identified in our country. Keywords: export, foreign relations, economic development, growth, international trade.

scholarly journals Analysis and security of crypto currency wallets

2019 ◽  
Vol 19 (4) ◽  
Author(s):  
Stevo Jokić
Keyword(s):  
Third Party ◽  
Future Trends ◽  
Internet Connection ◽  
Current State ◽  
Crypto Currency ◽  
Different Types ◽  
High Level ◽  
The Cost ◽  
Second Category ◽  
Digital Wallets

A digital wallet is an electrical device or application troughwhich users can preform different types of transactions. They aredivided into two categories of cold and hot digital wallets. Thefirst category includes digital wallets that require an internetconnection and the second category includes digital wallets thatdo not require internet connection. When selecting a wallet, it isnecessary to determine the purpose of using a wallet and thenmake a purchase. The use of digital wallets is reflected in variouscharacteristics. The convenience of using the ability to execute amobile phone transaction in matter of seconds. Efficiency isreflected in the speed of transaction execution. Data organizationis one of the key features of digital wallets. The cost of usingdigital wallets is far less than the traditional way to carry outtransactions, which includes different commissions andpayments. Security of digital wallets is at high level. Every daythere is a growing need for their use because of security, speed,transactions between two users without third party assistance.This paper describes the current state of digital wallets on themarket, the choices of a better solution for purchasing and usingdigital wallets, security of digital wallets and future trends intheir development.

10. Alternative dispute resolution

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Third Party ◽  
The Third ◽  
Early Settlement ◽  
Court Involvement ◽  
The Third Party ◽  
The Cost

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

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