ТЕМА ДОСЛІДЖЕННЯ: “ПИТАННЯ ЗАПРОВАДЖЕННЯ АЛЬТЕРНАТИВНИХ МЕТОДІВ ВИРІШЕННЯ ПРАВОВИХ СПОРІВ В УКРАЇНІ”

Abstract

The issue of prospects for the introduction of alternative methods of resolving legal disputes by substantially reforming the current national legislation of Ukraine, taking into account and borrowing foreign experience in this area. It is substantiated that mediation as an alternative way of resolving legal disputes is not only the elimination of the conflict situation between the parties, but also the minimum expenditure of time and money, as well as the most positive result. Alternative dispute resolution has been identified as the best way to resolve conflict and is practiced in many parts of the world. The authors point out that alternative dispute resolution allows businesses to resolve legal disputes more effectively. It is noted that the effective implementation of alternative dispute resolution methods in Ukrainian legislation would make it possible to achieve improvements for society as a whole, conflicting parties, judges, as the introduction of more modern and effective methods of dispute resolution has paid off in other countries. However, attention is drawn to the fact that for the gradual introduction of alternative methods of settling legal disputes, it is necessary to clearly define the terminology, as such uncertainty may affect the rights and legitimate interests of all parties to the legal dispute. Emphasis is placed on the fact that in the case of the procedure of "alternative" dispute resolution, as a result of the application of the appropriate method (even in the case of negotiations or mediation) creates a new document that defines, changes or terminates the rights and obligations of the parties to the contract, or the decision of the arbitral tribunal. As a result, the parties to the dispute receive a decision, which can be appealed, as a rule, only under a special procedure prescribed by law.