Alternative Resolution of Civil and Commercial Disputes
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Abstract
The article presents one of the leading, rapidly developing and most interesting institute to combat the problem of fast and effective resolution of the civil and commercial disputes – the institute of alternative dispute resolution (ADR). The author of the article opens the subject of the reasons for the institute under consideration to emerge and prosper, the results and prospectives of the legal and social adaptation of the alternative dispute resolution institute in Europe.
Defining the institute of the alternative dispute resolution the author of the article disagrees with the position of some scientists, who believe that the institute of the alternative dispute resolution unites exceptionally non–state methods of dispute resolution. In author’s opinion the alternative dispute resolution is a group of processes that help to solve disputes and conflicts without the court and as an alternative to the resolution of the disputes and conflicts in the court.
The article analyses particularity of the arbitration – the method of the alternative dispute resolution that is the most extensively and the most successfully applicable in practice – among other ADR methods, compares „compulsory“ and „non–compulsory“ arbitration with the court procedure, other methods of the alternative dispute resolution.
The author of the article endeavours to answer the question if the institute of the alternative dispute resolution should substitute the court procedure in civil and commercial law matters. The author concludes that ADR should not be opposed to the solution of the disputes in court. ADR and court procedure – these two forms of dispute resolution of distinct nature should supplement each other, is an alternative to each other aiming at the social peace reached with the help of the common agreement (consensus), which in most cases would be much more acceptable than hearing of the disputes in court only.
Defining the institute of the alternative dispute resolution the author of the article disagrees with the position of some scientists, who believe that the institute of the alternative dispute resolution unites exceptionally non–state methods of dispute resolution. In author’s opinion the alternative dispute resolution is a group of processes that help to solve disputes and conflicts without the court and as an alternative to the resolution of the disputes and conflicts in the court.
The article analyses particularity of the arbitration – the method of the alternative dispute resolution that is the most extensively and the most successfully applicable in practice – among other ADR methods, compares „compulsory“ and „non–compulsory“ arbitration with the court procedure, other methods of the alternative dispute resolution.
The author of the article endeavours to answer the question if the institute of the alternative dispute resolution should substitute the court procedure in civil and commercial law matters. The author concludes that ADR should not be opposed to the solution of the disputes in court. ADR and court procedure – these two forms of dispute resolution of distinct nature should supplement each other, is an alternative to each other aiming at the social peace reached with the help of the common agreement (consensus), which in most cases would be much more acceptable than hearing of the disputes in court only.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
